Agents, Executors, Trustees, oh my!
Have you ever been the legal representative for a person or their estate? Many of you may have no idea what I am talking about but over the next few blogs, you will have an opportunity to learn what all of this means for you or for someone you may know.
Welcome to the Representative Series!
You will often see the following words over the next few weeks so let's get more acquainted.
1. Agent: Think during your lifetime. In Illinois, an agent is generally appointed in Powers of Attorney for Healthcare and/or Property. You (the principal) can appoint another person (an agent) to act on your behalf to make financial (Power of Attorney for Property) or healthcare-related (Power of attorney for Healthcare) decisions for you. The principal may direct the manner and means of how the agent acts on his or her behalf through its Powers of Attorney. Upon the principal's death, this agency relationship is terminated. The agent will be discharged from all of its previous obligations.
2. Executor/Administrator: Think upon death. If you die with a will, then you have most likely appointed an executor in that will to manage your affairs upon your death. A good executor should act pursuant to your will to carry out your ultimate goals and settle your final affairs. An administrator is like an executor except you don't get to choose this person because you most likely did not have a will.
3. Trustee: Your trustee's duties begin upon the creation of a trust. Oftentimes, you may simply be the trustee of your own trust until you die. A trustee's powers will be determined in a trust document but beyond the trust document, the magic words are "fiduciary duties". Think of a duty to act with the utmost loyalty and prudence for the best interest of another's property.
A commonality between the different types of representatives is that they should act according to the terms of your documents (unless it wouldn't be feasible). As a person who creates a document, you have a right to select your representatives. Conversely, a representative may decline to act on your behalf.
The scenarios may be endless but this series is here to help you as a representative or as someone who may need a representative in the future.