I have no family, I am 82 years and my friend who is a Notary Public has helped me on many legal papers and both physically and financially. He is only 61 and could use the money from the sale of the house which is in a Reverse Mortgage and an Irrevocable Trust of which I am the Trustee.
Yes, the beneficiary of the estate and the agent for the power of attorney can be the same. It sounds to me like the Notary may be practicing law. You need to discuss this issue with an attorney that does Estate Planning. Elder Law is also a good place for your question.
I have practiced law for over 40 years and currently reside in Colorado. I am licensed to practice in Texas and Colorado. For the most part, I practice in the area of estate planning, which includes drafting wills and powers of attorney, guardianships, probate, real estate, and related issues. My response to your question does not create an attorney-client relationship with me or any attorney. My response is based on the information provided.
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