Can I be caregiver, power of attorney & executor of the will
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  3. can i be caregiver and power of attorney and executor of the will for a grandparent?

can i be caregiver and power of attorney and executor of the will for a grandparent?

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Wed, 03/22/2017 - 19:07
#1
turtlelvr111
can i be caregiver and power of attorney and executor of the will for a grandparent?

I have been caring for my grandmother for 3 years. Not one of her children have spoken to her in years or have offered to help in any way. My grandmother made me her Power of Attorney and her Executor of her Will as I have been handling all of her household, buisness and personal affairs for the past 3 years as well. Now that she is possibly nearing the end of her life her children have suddenly decided that they want the control to disperse of her belongings and put her in a home. They have just told me it is illegal for me to have anything to do with her Power of Attorney or Will as I am her caregiver getting paid through In Home Supportive Services to care for her. This was not something that was explained to us when Grandma made me POA and Executor 3 years ago. Does anyone know if this is true? 

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Wed, 12/06/2023 - 22:44
edwinett
The information your

The information your grandmother's children provided about your ability to act as Power of Attorney and Executor of her Will is not necessarily true. While there are potential conflicts of interest to consider, being paid as a caregiver does not automatically disqualify you from these roles.

Here's a breakdown of the situation:

Power of Attorney:

  • A Power of Attorney grants the designated agent (you) the legal authority to act on behalf of the principal (your grandmother) in financial and personal matters.
  • Being a paid caregiver does not automatically void a Power of Attorney.
  • However, a conflict of interest could arise if you use your position as POA to benefit yourself financially. For example, you would not be able to use your grandmother's funds for your own personal gain.
  • If your grandmother's children believe you are acting in a way that violates the Power of Attorney or is not in your grandmother's best interest, they can challenge your actions in court. 

Executor of the Will:

  • An Executor is responsible for carrying out the wishes of the deceased as stated in their Will.
  • Similar to the Power of Attorney, being a paid caregiver does not automatically disqualify you from being an Executor.
  • However, the same conflict of interest concerns apply. You must act in the best interests of the estate and not use your position to benefit yourself.
  • If your grandmother's children believe you are not acting in the best interests of the estate, they can request the court to remove you as Executor.

 

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