POAs, Executors and Guardians and Your Funeral Home

By: Schilling Funeral Home & Cremation
Monday, October 5, 2020

Do you know what executors, guardians and people holding powers of attorney (POA) are?  Or what they have to do with planning a funeral or memorial at a funeral home in Amboy, IL? Read on to find out.  

 

To begin, some of the laws surrounding these roles vary from state to state, so be sure to research your local laws. Executors, guardians and people holding powers of attorney (POA) are similar in many ways, but they all have unique roles to play when it comes to planning cremation services, funerals and other death-related matters.  

 

  • Power of Attorney (POA) – A Power of Attorney is not a person. A POA is a legal document in which one person, the principal, gives another person, the attorney-in-fact, the power to act on their behalf in financial and legal matters. Most POA documents are financial, legal, or both and are only applicable when the principal is still alive. If the document is financial, the attorney-in-fact does have the power to preplan and prepay for the principal’s funeral, cremation or other death-related service. However, the attorney-in-fact cannot make any death-related arrangements after the principal has already died. The attorney-in-fact is also not able to make funeral plans for another person on the principal’s behalf, such as a spouse or a child.  
  • Guardians – Guardians are given legal control to make personal and financial decisions for someone else when that person, the ward, is deemed unable or unfit to make such decisions for themselves. Guardians may or may not have control over the final disposition. This is determined case-by-case and depends on the powers given to the guardian in probate court. Guardians are usually the ward’s spouse or adult child, but anyone can be appointed a guardian if the court believes he will act in the ward’s best interests. In some cases, if there is no next of kin, a Public Guardian appointed by the state will make funeral arrangements. 
  • Executor – An executor is the person that has control over a deceased’s assets. Though many people believe executors have control over the details of a deceased’s final disposition, this is not true. In fact, an executor’s main, and often only, role when it comes to disposition is to inform the funeral agent or director of their particular role in the deceased’s will. An executor is mostly intended to deal with more financial matters from locating the deceased’s property and opening an estate checking account to probating the will, paying bills, and filing all necessary tax forms. The executor’s job is over after the estate is divided up and closed.  

Executors, guardians and people holding powers of attorney (POA) are not the same thing, though they have some similarities. Schilling Funeral Home & Cremation is here for you if you want to learn more about Illinois death-related law or your service options at Amboy, IL funeral homes. We are happy to offer you our services in your time of loss or preplanning. Give us a call today.  

 

Leave a comment
Name*:
Email:
Comment*:
Please enter the numbers and letters you see in the image. Note that the case of the letters entered matters.

Comments

Please wait

Previous Posts

Tips for Planning Celebrations of Life After Cremation Services

Everyone wants their lost loved one’s service to stand out and be remembered for years to come, but it can be hard to impress people when you’re not exactly sure how. Are you looking to really hono...

Sending Support After the Funeral Home

Even though no one likes to see their friends, loved ones, or family in pain after a loss and service at a funeral home in Fulton, IL, it can be awful to see loved ones grieving when you’re far awa...

Affordable Monuments

Many people want to set up a monument to their lost loved one after a cremation service in Amboy, IL, but can’t afford the more traditional structures. Memorials have long been used to memorialize ...

Catering and COVID-19

As everyone is aware, the pandemic changed the world in March of 2020. And that’s not all - it also changed planning for wakes and memorials. Gone are a lot of the traditional aspects of planning f...

Tips for Choosing a Florist for Memorial

Most memorials held after cremation services in Morrison, IL could benefit from some lovely fresh flowers. Choosing a florist is a big part of planning a service, and it can be a tricky thing to do...

Tips for Writing Thank You Cards

The end of your loved one’s service at a funeral home in Morrison, IL isn’t the end of your funeral to-do list. You still have to send out thank you cards. How do you actually go about sending than...

Choosing Food for a Memorial

If you’re planning a memorial after a cremation service in Fulton, IL, you might want to consider having a few healthy options on your menu. Many people are starting to enjoy staying healthy even i...

Wakes and Caterers

If you don’t choose an event center with catering for a wake after your loved one’s service at a funeral home in Fulton, IL, you will have to choose an outside caterer. In those cases, you will be ...

How Do You Make a Budget for a Memorial After a Cremation Service?

If you’re planning a lost loved one’s service after a cremation service in Amboy, IL, one of the first and most essential tasks you must complete is creating a budget. While its always important to...

How to Plan Eco-Friendly Funerals and Memorials

Eco-friendly services have been on the rise, whether they’re at churches, halls or funeral homes in Amboy, IL. Everyone wants to do their part when it comes to the environment, and this includes ho...