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VIC Enduring Power of Attorney vs Executor of Will Duties?

Discussion in 'Wills and Estate Planning Law Forum' started by Alice Saxon, 23 November 2014.

  1. Alice Saxon

    Alice Saxon Member

    23 November 2014
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    My sister and I were both joint power of attorneys (financial) for my aging mother who now lives in a residential care facility. My sister who is older than I am has taken charge of mother's living situation as she had retired and lives much closer to her. Following my Mother's growing incapacity and a number of falls, my sister thought that she would be better in a care facility to ensure her ongoing safety. Neither my sister nor I were in a position to take on my mother in a full time role. This is all fine as my Mother is now settled and comfortable in the facility. My sister has been handling her financial day to day matters i.e. access her bank account, assisting her with her term deposits however she has found this difficult as being the other power of attorney she needed to get my signature on all financial documents at that time.
    My sister convinced me to sign an EPOA (financial) document that Mother had agreed to which empowered us either jointly or severally to act as her attorneys. I did so as I thought I was helping my sister with our Mother's affairs and making it easier for her to handle but I am not so sure now that my Mother (aged 92) is fully aware of the implications. My sister has been handling Mother's house sale, and has now urged her to invest some of the money in shares which has occurred.
    My question is regarding the EPOA. I am a joint executor with my sister of our Mother's estate however in the event of Mother's passing will my sister be able to execute documents severally because of the EPOA or is it different when you are an executor of a will and documentation would have to be agreed to and signed jointly by both of us?
    Thank you
  2. winston wolf

    winston wolf Well-Known Member

    21 April 2014
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    Hi Alice

    The EPOA and you being an executrix are totally separate.
    When your mother passes the EPOA will end and the will will come into effect.
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    Alice Saxon and Amanda E like this.
  3. Amanda E

    Amanda E Well-Known Member

    9 April 2014
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    Alice Saxon likes this.

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