Legal Definitions - legal–personal representative

Legal-Personal Representative

A legal-personal representative is an individual or entity legally authorized to act on behalf of another person, particularly in managing their legal and financial affairs. This role most commonly arises when someone has passed away or is unable to manage their own affairs due to incapacity. The representative's authority is granted by a will, a court order, or another legal document, and they are responsible for fulfilling specific duties according to the law and the wishes of the person they represent.

• Example 1: Managing a Deceased Person's Estate (Executor)

  When Mr. Henderson passed away, his will named his daughter, Sarah, as the executor of his estate. Sarah's responsibilities included gathering all of Mr. Henderson's assets, paying off any outstanding debts or taxes, and then distributing the remaining property to the beneficiaries as outlined in the will.

  How this illustrates the term: In this scenario, Sarah is the legal-personal representative. She has been legally authorized by her father's will to manage his affairs after his death, ensuring his final wishes are carried out according to law.

• Example 2: Managing an Estate Without a Will (Administrator)

  Ms. Chen died unexpectedly without leaving a will. Her adult son, David, petitioned the court to be appointed to manage her estate. The court granted his request, making him responsible for identifying Ms. Chen's assets, paying her creditors, and distributing her property to her legal heirs according to state law.

  How this illustrates the term: David acts as the legal-personal representative for his mother's estate. Even without a will, the court legally authorized him to handle her affairs, fulfilling the duties of an administrator to ensure the estate is settled properly.

• Example 3: Managing Affairs for an Incapacitated Person (Agent under Power of Attorney)

  After a serious accident, Maria became unable to make her own financial and medical decisions. Fortunately, she had previously signed a durable power of attorney, designating her sister, Elena, as her agent. Elena then stepped in to pay Maria's bills, manage her investments, and make healthcare choices on Maria's behalf.

  How this illustrates the term: Elena serves as Maria's legal-personal representative. The durable power of attorney is the legal document that grants Elena the authority to act on Maria's behalf, managing her personal affairs while Maria is incapacitated.