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LearnFAQEstate Planning

Should I ask someone before naming them as my executor or agent?

Answer

Absolutely. Naming someone as your executor, trustee, healthcare agent, or power-of-attorney agent without telling them is a common mistake that causes confusion and refusals at the worst time. These are demanding roles, and the person has the right to decline. Have a candid conversation so they understand what you're asking, whether they're willing, and where to find your documents and account information when the time comes. This is also your chance to explain your wishes, especially for healthcare and guardianship decisions. If your first choice hesitates or declines, you can pick someone else and name a backup. A well-informed, willing appointee makes the entire process smoother for your family. Surprising someone with the responsibility often leads to delays or a court having to step in.

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