What’s the difference between a Will and a Power of Attorney?

Question: My mother recently passed away. While she was alive I took care of her, helped her pay her bills, and took her to the doctor. Sometimes I signed documents for her at the bank because I was her Power of Attorney. Today, the bank wouldn’t let me have access to her account. Am I still my mother’s Power of Attorney?

Answer: Under these circumstances, when your mother passed away, so did your authority to act for her under her Power of Attorney. Every person should have four documents: 1. Will, 2. Statutory Durable Power of Attorney, 3. Medical Power of Attorney; and 4. Directive to Physicians

The Statutory Durable Power of Attorney, Medical Power of Attorney, and Directive to Physicians generally are effective during the person’s life. These documents can be revoked by the person at any time. Then the person passes away, so does the power under those documents.

A Will takes effect only after a person passes away. A person can change their Will at any time during their life, assuming they are not incompetent. After a person passes away, a Court can appoint a representative of the deceased person’s estate by issuing “Letters Executory” if the person had a Will and by issuing “Letters Administration” if the person did not have a Will. A representative acting under Letters Executory is called an “Executor” and a representative acting under Letters Administration is called an “Administrator”.

The Executor or Administrator is now the person who would have authority to access your mother’s bank account. Other things to consider when discussing your Will, Statutory Durable Power of Attorney, Medical Power of Attorney, and Directive to Physicians, are who are the beneficiaries on your accounts (such as bank accounts or investment accounts) and life insurance and whether those accounts are “payable on death”, “right of survivorship”, or some other designation. These factors would affect who has rights to those proceeds after the original owner dies.

 Call me. If you need assistance in probating your loved one’s Will, or drafting your own Will, Power of Attorney, Directive to Physician, or Medical Power of Attorney, visit LouisVetranoLaw.com, call me at 210-862-5786 or email me at Lvetrano@flash.net.

Notice and Disclaimer: This information is intended as general information for educational purposes only and is based on Texas law. It is not intended to be legal advice for your particular circumstances. This lawyer does not represent you unless and until you sign a written engagement agreement expressly retaining me for your particular matter. The law changes and each person’s individual circumstances may change how the law is applied. Please consult an attorney before taking any action that has legal consequences.

 Copyright © 2019 by Louis A. Vetrano, Jr. – Licensed in Texas.