How to Choose an Attorney-In-Fact and Executor for Your Will in Tennessee
- Elder Care Law Blogger
- 1 day ago
- 5 min read
Summary: Protecting Your Wishes and Family
Choosing the right person to serve as your attorney-in-fact and executor of your will is one of the
most important estate planning steps you’ll ever take. This guide from Johnson McGinnis Elder Law & Estate Planning explains how you can make informed, confident decisions about who will protect your assets, honor your wishes, and safeguard your future.
To get started, let’s clarify a few terms. People often say that someone is their "power of attorney,” but that’s not technically correct. A power of attorney is the document, while the attorney-in-fact (or agent) is the person you choose to handle your affairs when you cannot—whether due to disability or another circumstance.
Why Does Choosing the Right Attorney-In-Fact and Executor Matter?
When planning your estate, naming the right people for these roles can mean the difference between a smooth process and a stressful one. Your attorney-in-fact acts for you while you’re alive but unable to manage your affairs. Your executor ensures your final wishes are carried out after your passing.
Both roles require integrity, organization, and the ability to handle legal and financial matters responsibly. Choosing the wrong person can create confusion or even conflict, so thoughtful planning is key.
What Is a Durable Power of Attorney and What Are the Responsibilities of an Attorney-In-Fact?
A durable power of attorney (often shortened to DPOA) gives a trusted person (the attorney-in-fact) the legal authority to make financial or legal decisions on your behalf if you become incapacitated.
Attorney-in-fact responsibilities may include:
Managing bank accounts and paying bills
Handling real estate or business transactions
Filing taxes
Making financial and legal decisions if you’re unable to do so
In Tennessee, your DPOA remains valid even if you become mentally or physically incapacitated, which is what makes it durable. The document terminates after your death.
What Does an Executor of a Will Do?
Your executor (sometimes called a “personal representative” in Tennessee law) carries out your wishes after your death. This person is responsible for making sure your assets are distributed correctly and your debts are settled.
Executor of will duties include:
Filing the will with the probate court with the assistance of an attorney
Paying taxes, debts, and final expenses
Distributing property and assets to beneficiaries
Working with attorneys, accountants, and financial advisors
The executor ensures your legacy is handled respectfully, efficiently, and legally.
Who Should You Choose for Each Role?
What Qualities Should You Look for in an Attorney-in-Fact?
Trustworthiness and good judgment
Financial literacy and responsibility
Willingness to act on your behalf
Strong organization and communication skills
What Qualities Make a Good Executor?
Attention to detail
Emotional stability under pressure
Comfort handling paperwork and deadlines
Willingness to collaborate with professionals
Many people choose a spouse, adult child, or close friend, but emotional readiness matters as much as legal ability.
Can One Person Be Both Attorney-in-Fact and Executor?
Yes. One individual can fill both roles. However, it is important to ensure they fully understand the different responsibilities and are willing to handle them. If your estate or family dynamics are complex, you may prefer to name separate people for balance and accountability.
What Mistakes Should You Avoid When Choosing?
Avoid these common errors when selecting your attorney-in-fact or executor:
Naming someone out of obligation instead of qualification
Failing to ask permission before naming them
Neglecting to name a backup or successor
Forgetting to update your documents after major life events (like marriage, divorce, or the death of a named person)
Regular updates keep your plan aligned with your life.
When Should You Review or Update Your Estate Planning Documents?
It’s wise to review your power of attorney and will every three to five years, or sooner if:
Your chosen person becomes unavailable or ill
Your relationship or family circumstances change
You experience a major financial or legal shift
Periodic reviews with your Tennessee estate planning attorney ensure your documents remain legally sound and personally relevant.
Should You Choose a Family Member, Friend, or Professional?
While many Tennesseans select a spouse or child, occasionally it’s necessary to appoint a neutral third party like an attorney, CPA, or professional fiduciary.
A professional executor vs. a family member may be the right choice if:
Your estate is complex or high in value
Your family dynamics are strained
You want to avoid potential conflicts of interest
How Can You Make These Choices Official?
To ensure your decisions are legally valid and enforceable:
Discuss the responsibilities with your chosen person and get consent
Work with an estate planning attorney to ensure compliance with Tennessee law
Use precise language in your DPOA and will
Store copies in a safe but accessible location and let your representatives know where to find them
Where Can You Get Help Choosing the Right Attorney-in-Fact and Executor?
If you’re unsure who to choose, a Tennessee elder law and estate planning attorney can help you evaluate your options. At Johnson McGinnis Elder Law & Estate Planning, we help families:
Understand the legal responsibilities of each role
Draft and update documents correctly
Avoid costly mistakes in estate administration
Our attorneys provide guidance rooted in compassion, experience, and Tennessee law, ensuring your choices protect both your wishes and your loved ones.
Serving Families Across Tennessee
Johnson McGinnis Elder Law & Estate Planning proudly serves families throughout Middle Tennessee, including Nashville, Franklin, Hendersonville, Clarksville, Cookeville, and Murfreesboro.
We’re honored to help Tennesseans create thoughtful, legally sound estate plans that offer confidence today and security tomorrow.
Call (615) 824-2571 or contact us here to schedule your consultation.
Frequently Asked Questions About Choosing an Attorney-in-Fact and Executor
1. Can the same person serve as both attorney-in-fact and executor?
Yes, one person can serve in both roles, but make sure they have the time, capacity, and understanding to handle each responsibility effectively.
2. What happens if I don’t have an attorney-in-fact or executor named?
Without a DPOA, no one can legally manage your affairs if you’re incapacitated. Without an executor, the court may appoint someone to administer your estate — which may not align with your wishes.
3. How often should I review my attorney-in-fact and executor selections?
Review them every 3–5 years or after major life changes like marriage, divorce, relocation, or the passing of someone you’ve named.
4. Should I choose a professional executor instead of a family member?
If your estate is complex or your family has conflict, a neutral third party (such as an attorney or fiduciary) can ensure fairness and professionalism.
5. How can Johnson McGinnis Elder Law & Estate Planning help me?
We provide legal guidance to help you name, document, and protect your attorney-in-fact and executor choices according to Tennessee law so your legacy is secure.
Final Thoughts: Protect Your Legacy, Plan with Confidence
Choosing your attorney-in-fact and executor is an act of care for your loved ones. By making these decisions now, you give your family the clarity and confidence they’ll need later.
At Johnson McGinnis Elder Law & Estate Planning, we help Tennessee families make smart, compassionate choices that stand the test of time.
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