This may come as a surprise to you but executors, guardians, and people holding powers of attorney (POA), have unique roles to play in the planning of cremation services, funerals or other death-related matters.
There are differences between executors, guardians, and powers of attorney (POA). these include:
Power of Attorney (POA)
A Power of Attorney is not an actual individual. A POA refers to a legal document where one person, the principal, gives another individual the attorney-in-fact. This is the power to act on their behalf regarding financial or legal matters. Many POA documents are financially or legally binding or both. They will only be applicable if the principal is still alive. If the document is financial in nature, then the attorney-in-fact will have the power to preplan and prepay for the principal’s funeral, cremation or other death-related services. However, if the principal has already passed, the attorney-in-fact cannot make any death-related arrangements, and they are not allowed to make funeral plans for another person on the principal’s behalf like their spouse or child.
Executor
An executor is a person that has control over the deceased person’s assets. Many people misunderstand the executor’s role and believe that they will have control over the details of the deceased’s final disposition. However, this is not true. An executor’s main goal is to inform the funeral agent or director of their role in the deceased’s will. An executor is intended to deal with more of the financial matters. This can range from locating the deceased’s property and opening an estate checking account to probating the will, paying the bills and filing necessary tax forms. An executor’s job will be over once the estate is divided up and closed.
Guardians
Guardians are individuals who are given legal control to make the personal and financial decisions for someone else when that particular person, the ward, is deemed unable or unfit to make these types of decisions for themselves. Guardians might or might not have control over the final disposition. This will be determined case by case, but it will depend on the powers given to the guardian in the probate court. Guardians are typically the ward’s spouse or adult child, but anyone is able to be appointed a guardian if the court believes that they will act in the ward’s best interests. In some situations, if there is no next of kin, then a Public Guardian will be appointed by the state who will make the funeral arrangements.
It is important to understand that some of the laws and definitions surrounding these roles can vary depending on the province or your local laws so it’s important to conduct your own research. If you would like to learn more about Canada's death-related law or options for funeral or cremation services then contact Oliveira Funeral Home today.