When you agree to serve in a fiduciary role—agent under a power of attorney, executor, trustee—you’re taking on real responsibility.
And with that comes potential liability.
Even if you’re just doing someone a favor, you can be personally exposed if something goes wrong… or if someone thinks something went wrong.
This is why the document matters.
Before you agree to serve, consider asking for language like this to be included:
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.
(This can be adapted for a trustee or agent under a power of attorney.)
Here’s what that actually means: If you’re serving in a non-professional capacity, the estate—not you personally—should bear the risk, unless you’ve acted in bad faith or committed fraud. Agreeing to help shouldn’t mean putting your own personal assets on the line.