Does the POA automatically become the executor of the disabled person’s will?

An executed power of attorney form does not carry over to the role of "executor" or "administrator" of the person's estate upon death. The person's "will" handles business and legal matters after someone dies, and an attorney opens an "estate" on behalf of the deceased. The power of attorney ceases upon either person’s death or the POA’s inability to continue representing the loved one.

When the named power of attorney cannot continue in the role or wishes to step down, the older person may wish for two people to share the duty. Another option is that the power of attorney can be transferred from one person to another for any number of reasons. For specific questions, contact an attorney to be sure your family member has adequate representation and protection.