Understand Powers of Attorney

While your executor duties will not begin until the will-writer dies, talking about post-death estate plans might prompt conversations about making important end-of-life decisions. It is good to know if someone has such plans in place as a living will, also known as an advance directive, or durable healthcare power. If a person does not have these plans in place, he or she might wish to make them at the same time as they are putting the rest of their estate in order.

A living will or advance directive allows a person to give instruction on how to proceed if certain things occur that leave the person incapable of making his or her own decisions. A durable healthcare power lets a person name another trusted individual to make the decisions if he or she is unable.

It is not uncommon that the trusted individual named as executor knows a person holding the durable healthcare power or in fact holds the power. An important item to note, though, is that the power of attorney expires at death, so the will governs any decisions at that point.