POAs, Executors and Guardians

September 21, 2020

POAs, Executors and Guardians

Posted on September 21, 2020 by Williams Funeral Home under Funeral Home

There are a lot of potentially confusing aspects of planning a service at a funeral home in Lawrenceburg, TN. For example, what are executors, guardians and people holding powers of attorney (POA)? Aren’t they just different names for the same thing?

Executors, guardians and people holding powers of attorney (POA) are not the same thing, though they have some similarities. Some of the laws surrounding these roles vary from state to state, so be sure to research your local laws. Keep reading to learn more about what each of those roles are, and the authority each one has in a person’s death.

Guardians – Guardians are given legal control to make personal and financial decisions for someone else when that person, the ward, is deemed unable or unfit to make such decisions for themselves. Guardians may or may not have control over the final disposition. This is determined case-by-case and depends on the powers given to the guardian in probate court. Guardians are usually the ward’s spouse or adult child, but anyone can be appointed a guardian if the court believes he will act in the ward’s best interests. In some cases, if there is no next of kin, a Public Guardian appointed by the state will make funeral arrangements.
Power of Attorney (POA) – A Power of Attorney is not a person. A POA is a legal document in which one person, the principal, gives another person, the attorney-in-fact, the power to act on their behalf in financial and legal matters. Most POA documents are financial, legal, or both and are only applicable when the principal is still alive. If the document is financial, the attorney-in-fact does have the power to preplan and prepay for the principal’s funeral, cremation or other death-related service. However, the attorney-in-fact cannot make any death-related arrangements after the principal has already died. The attorney-in-fact is also not able to make funeral plans for another person on the principal’s behalf, such as a spouse or a child.
Executor – An executor is the person that has control over a deceased’s assets. Though many people believe executors have control over the details of a deceased’s final disposition, this is not true. In fact, an executor’s main, and often only, role when it comes to disposition is to inform the funeral agent or director of their particular role in the deceased’s will. An executor is mostly intended to deal with more financial matters from locating the deceased’s property and opening an estate checking account to probating the will, paying bills, and filing all necessary tax forms. The executor’s job is over after the estate is divided up and closed.

Executors, guardians and people holding powers of attorney (POA) are similar in many ways, but they all have unique roles to play when it comes to planning cremation services , funerals and other death-related matters.