Why saying yes to serving as agent under a POA can backfire

Agreeing to serve as an executor, trustee, or agent under a power of attorney often feels like the right thing to do but it’s also one of the most overlooked risks in estate planning. In this episode, Jill flips the perspective and walks through what you need to evaluate before you say yes to a fiduciary role in someone else’s estate plan. From compensation and liability to knowing when to step in and how to step out, this episode highlights the gap between estate planning documents and real-life execution. Because a well-drafted estate plan only works if the people named in it are set up to succeed.

What You’ll Learn in This Episode

Why saying “yes” to serving in an estate plan can create unexpected stress, conflict, and liability 

The five key questions to ask before agreeing to serve as executor, trustee, or agent under a power of attorney 

How estate planning documents often fail to prepare fiduciaries for real-world responsibilities 

Why estate planning isn’t just about documents; it’s about implementation

Key Takeaways for Estate Planning

1. Serving in an Estate Plan Is a Job—Not a Favor. Acting as executor, trustee, or power of attorney requires time, decision-making, and accountability. Estate planning documents should clearly address compensation. If compensation isn’t defined, it can lead to tension, burnout, or refusal to serve.

2. Understand When Your Authority Begins. Powers of attorney are either immediate or springing. “Incapacity” must be clearly defined within the power of attorney document. Without clarity, fiduciaries are left navigating gray areas with banks, doctors, and family members.

3. Know How to Step Down. Estate planning should include a clear resignation process for fiduciaries. Questions to ask include: Who needs to be notified? Is a successor already named? Are you required to continue until replaced?

4. Protect Yourself from Liability. Serving in an estate plan carries real legal risk. Non-professional fiduciaries often lack insurance protection. Estate planning documents should include indemnification language to protect you.

5. You Need Information to Do the Job. Most people step into estate roles with little to no asset visibility. A strong estate plan includes asset inventories, clear instructions and ongoing updates.

Resources & Links

Watch this episode on YouTube: https://youtu.be/QGPDhEcvktg

Limitation of Liability Language: I recognize that the Executor of my Estate may be an individual who is not a professional fiduciary. In order to induce such individual to serve in such capacity, I hereby direct that the assets of the Estate be used to indemnify and hold any individual non-professional fiduciary serving as Executor harmless with respect to any and all acts, except for fraud and bad faith of such individual in connection with (i) the administration of my Estate, and (ii) the investment of assets with respect to my Estate.

Mollie Lacher’s services: https://sunnycareservices.com/our-services/

The Death Readiness Playbook: www.deathreadiness.com/playbook

The Death Readiness Playbook Co-Branding: www.deathreadiness.com/playbookbranding

Connect with Jill:

• Website: DeathReadiness.com
• Email: [email protected]
• Learn more about Jill’s solutions
• Subscribe to the Death Readiness Dispatch!
• Submit a question for Tuesday Triage

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This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy.

 

Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents.

 

Disclaimer: This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.