If my brother is executor of parents Will, can he also be their guardian?

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Duir18 Asked July 2015

If my brother is executor of parents Will, can he also be their guardian?

If not, which would be best for me (daughter) guardian, poa?
My brother convinced my parents to build their "last" home on his property, actually right next door. Now that they are 88 and showing signs of dementia (mom is worse). He hates me and seems determined to take complete control of all decisions medical,financial etc. He is very rich and I am not. His care for them is lacking at best and he seems determined to be the receiver of any inheritance that there is. Leaving me completely out. I know that this is not what my mom wants and possibly not my dad. Supposedly I have been any life insurance money that may be left when they pass,but I don't know for sure. My mom is too far gone with dementia and she is the only one willing to talk about it. I also wonder if I can make brother pay me for half the value of their house.

Power of Attorney (POA)

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score 0 · Answer 1

Maybe a family member or someone you trust. We hired one eldercare company as both guardian and executor for my Mom. The executor position at that time was paying bills, doing insurance, etc. What happened was that this company had a vested interest in the Guardian burning off my mother's estate. I still don't know what they intended to do for her if she went bankrupt The company would charge for a licensed social driver to drive to a post office rather than just drop it in the mail. We had to go to Court to get out this company's tentacles. I urge you to hire a competent accountant/lawyer for executive work: and a totally independent guardian for "health and wellness" matters. Otherwise, you may be snared like we were. Like the lawyers say, "Who will watch the watchman?"

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Yes he can, because a Guardian or POA stops completely when the patient dies. At that point the Executor takes over, and must carry out what is written in the Will. The Will must be kept confidential, not disclosed until the patient dies. This is to prevent arguments among the heirs, and to prevent heirs from trying to pressure their parents into changing the Will.
So you sit back and you have to wait for them to die. Once the Will is read, if you feel it is unfair, you hire a lawyer and challenge the Will before a Judge.
In my father's case, two of my sisters were constantly trying to find out what Dad had and who gets what. So he made out Will, cutting all children out and leaving everything to his third wife. My advice is, don't ask those kinds of questions anymore.

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If my brother is executor of parents Will, can he also be their guardian?

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