Enduring Powers of Attorney and Executor

[aisling o'b]

Hi,

My father nominated me as executor in his will which he completed years ago.

Now, he has been advised by his doctors to create an enduring power of attorney. He wants me to be the attorney. I realise that it has no power until it is registered.

My question.... is there anything in law that would prevent the attorney being the person who has been named as executor in the will?

He seems to have read up a bit and wants to provide for remuneration for me in acting as attorney should it ever be required. How would this work? I don't really want anything but he says he is going to put something in and asked me what is reasonable.

Many thanks.

Ais

 

[aisling o'b]

I don't fall into any of the categories of person outlined in section 5(4) of the Powers of Attorney Act, 1996.

 

[j26]

No, there's no restriction. As for remuneration, that's up to him to specify, whether it'd ba a regular payment, or a lump sum.

 

[aisling o'b]

Thanks j26