What happens if one of my fiduciaries does not want to serve as a backup Trustee/Executor/DGPOA/HCPOA Agent?
Jan 15, 2023
If a named fiduciary (such as a trustee, executor, agent under a durable power of attorney or health care power of attorney) does not wish to serve or is unable or unwilling to serve, there are a few options that you may consider:
- Appoint a successor fiduciary: If you have named a successor fiduciary in your estate planning documents (such as a backup trustee, alternate executor, or alternate agent under a power of attorney), that person will be next in line to serve if the original fiduciary is unable or unwilling to serve.
- Appoint a new fiduciary: If you have not named a successor fiduciary or if the successor is also unable or unwilling to serve, you may need to appoint a new fiduciary. This can be done through a court appointment process or by amending your estate planning documents to name a new fiduciary.
- Have the court appoint a fiduciary: If you are unable to appoint a new fiduciary or if there is a dispute over who should serve as a fiduciary, the court may need to appoint a fiduciary to handle your affairs. This can be a lengthy and costly process, so it is generally best to try to resolve any issues or conflicts among potential fiduciaries before they arise.
It is important to carefully consider your choices when naming fiduciaries in your estate planning documents, as they will have significant responsibilities and powers to manage your affairs in the event of your incapacity or death.
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