Can an executor’s POA handle will processing if executor has dementia

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Can an executor’s POA handle will processing if executor has dementia

Mom left everything to husband who has dementia. Husband has daughter with financial POA. In Illinois, can the daughter perform the executor’s duties or does the secondary executor take over?

Asked on March 24, 2019 under Estate Planning, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, the daughtd cannot perform the executor's duties. She may have have a POA to handle her father's personal affairs, but that POA does not override your mother's right to designate her executor(s) in her will, since the POA is not from your mother. It also does not give her any rights beyond functioning as her father's agent--and this is NOT functioning as his agent,t since your mother's estate is not her husband's personal financial affairs. If your mother's husband cannot function as her executor, then her secondary executor--the person she designated for this role--takes over.


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