Is power of attorney same as administrator?

What is the difference between letter of administration and power of attorney?

A power of attorney is a notarised document and has an additional edge. A letter of authority is not an authenticated document. A letter of authority is a document under which one person authorises another person to do a particular act. Hence, it is used for very specific purpose .

What is the difference between a curator and power of attorney?

The difference between an agent acting under a power of attorney and a person acting as curator through an appointment by the Court is that the agent is authorised to act in the name of the principal, whereas the curator acts in his or her own name for the benefit of another – usually an incompetent person.

Is the power of attorney also the executor?

The agent serving under your power of attorney only has power and authority to act during your lifetime. … Conversely, the executor is a person who is appointed by the probate court to close out your estate when you pass away.

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Does power of attorney override executor of will?

One person can serve as both your agent and the executor of your will. This is not uncommon, especially if you’ve chosen a child or other trusted relative for the roles. The two roles won’t overlap. Power of attorney is only effective while you’re alive and executors only assume responsibilities once you pass away.

Is there an alternative to power of attorney?

A deputy is a similar role to that of attorney. They must follow the same principles as an attorney to make sure decisions are made in your best interests. There are two types of deputy: property and financial affairs deputy and personal welfare deputy.

Who can be appointed as curator?

COMMON LAW: Appointment of a Curator Bonis in terms of our common law: The High Court may declare a person incapable of managing his or her own affairs, and may appoint a curator to the person and/or property of such person.

What are the powers of a curator ad litem?

It is the duty of the curator ad litem, by making such inquiries as he deems necessary, to see that the existence and extent of the patient’s mental illness are properly investigated, and to ensure that the proprietary and other interests of the patient are adequately protected by the terms of the order made by the …

What are the duties of a curator?

Curators are in charge of a collection of exhibits in a museum or art gallery. Their job is to build up collections, often in specialist areas. Curators develop ways in which objects, archives and artworks can be interpreted, through exhibitions, publications, events and audio-visual presentations.

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Do you still need probate if you have power of attorney?

The person who had power of attorney may well be the executor or administrator of the estate. … So the fact that you had power of attorney has no influence over whether or not probate is needed. Instead, this will depend on what assets the deceased owned, and whether these assets were owned in their sole name.

Who has more power executor or trustee?

Your Executor, however, only has power over those assets not in trust, not held jointly, or not in an account with beneficiary designations. … If you have a trust and funded it with most of your assets during your lifetime, your successor Trustee will have comparatively more power than your Executor.

Can a POA change a will?

A person with power of attorney (POA) cannot change a will. … Under a POA, the agent can have limited authority, such as paying bills on someone else’s behalf, or broad powers, such as managing all finances or medical care of someone. For a last will and testament, only the person drafting the document can make changes.