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Power of Attorney vs Executor: Key Differences Explained

· 24 min

Note: The following scenario is fictional and used for illustration.

Michael, 58, from Manchester, had carefully appointed his daughter Emma as his lasting power of attorney three years ago when his own father developed dementia. He thought this meant Emma would automatically handle his estate when he died. When Michael passed away unexpectedly last year, Emma discovered she had no legal authority to access his accounts, sell his property, or distribute his £340,000 estate to his three children. Because Michael never made a will naming an executor, Emma had to watch as the family spent six months and £4,200 in legal fees applying to become administrators under intestacy rules.

Michael's mistake is disturbingly common. According to Canada Life's 2024 research, 78% of UK adults have not registered a lasting power of attorney, and many who do assume it covers everything—including estate administration after death. The confusion between these two roles leaves families in legal limbo during already difficult times.

This article explains exactly what power of attorney and executor do, when you need each, and how to appoint the right people for both roles.

Table of Contents

What Is a Power of Attorney? (And When It Takes Effect)

A lasting power of attorney (LPA) is a legal document that allows you to appoint someone—called your attorney—to make decisions on your behalf if you lose the mental capacity to make those decisions yourself.

There are two types of LPA in England and Wales, and they serve different purposes:

Property and Financial Affairs LPA gives your attorney authority to manage your finances, property, and business affairs. You can choose whether this LPA takes effect immediately when it's registered, or only if you lose mental capacity. Most people choose immediate effect so their attorney can help with financial matters while they're still capable but perhaps less mobile or available.

Health and Welfare LPA gives your attorney authority to make decisions about your medical treatment, care arrangements, and where you live. This type can only be used when you lack the mental capacity to make these decisions yourself—it never takes effect while you're still capable.

Mental capacity means your ability to make decisions for yourself. You might lose capacity temporarily (after an accident or during illness) or permanently (due to dementia, severe stroke, or brain injury). As of March 2024, over 8 million LPAs have been registered in the UK, reflecting growing awareness of this crucial protection.

In 2023-24, 1.37 million new LPA applications were submitted—a significant increase showing more people recognize the importance of planning ahead.

Here's what's critical to understand: your LPA is about protecting you DURING YOUR LIFETIME. Your attorney's authority ends the moment you die. They cannot distribute your estate, access your accounts after death, or carry out your funeral wishes. That's where an executor comes in.

Sarah, 62, registered a Property and Financial Affairs LPA when she was diagnosed with early-stage dementia. Her son can now help manage her bills and investments as her condition progresses, ensuring she never falls behind on payments or misses important financial decisions.

James, 45, appointed his wife as attorney with immediate effect before undergoing major surgery. If complications arose and he was unconscious or unable to communicate, she could access their accounts to pay the mortgage and household bills without delay.

The registration fee for an LPA is currently £82 through the Office of the Public Guardian. You must have mental capacity when you create the LPA—once you've lost capacity, it's too late to register one.

What Is an Executor? (And When Their Role Begins)

An executor is the person you name in your will to manage your estate after your death. Their job is to carry out your wishes as written in your will, distribute your assets to your beneficiaries, and handle all the legal and financial tasks that follow death.

The executor role ONLY begins after you die. While you're alive, your executor has no legal authority to access your accounts, make decisions on your behalf, or manage your affairs. They're simply named in a document that won't take effect until your death.

You can appoint up to four executors in your will, though most people choose one or two. It's also wise to name substitute executors in case your first choice can't or won't act when the time comes (perhaps because they've died before you, become too ill, or moved abroad).

After your death, your executor must apply for a grant of probate—a legal document from the courts that confirms their authority to manage your estate. Only once they have this grant can they access your bank accounts, sell property, pay debts, and distribute assets to beneficiaries.

Emma, 51, was named as executor in her mother's will. While her mother was alive, Emma had no access to her accounts and couldn't make any decisions about her mother's finances or care. Only after her mother's death and obtaining probate could Emma begin distributing the £280,000 estate according to the will's instructions.

David, 38, was appointed as executor for his uncle's estate. After his uncle died, David had to wait eight weeks to receive the grant of probate. During this time, he couldn't access the bank accounts to pay funeral costs or settle debts—he had to use his own money and reimburse himself later.

Here's the crucial point: an executor protects your estate AFTER YOUR DEATH. They have no power during your lifetime, and their authority begins only after they obtain probate.

Aspect Power of Attorney Executor
Active When During your lifetime (if you lose capacity) After your death
Authority Begins When registered (or when you lose capacity, depending on type) After obtaining grant of probate
Authority Ends When you die When estate is fully distributed
Appointed Through LPA form registered with Office of the Public Guardian Named in your will

The Critical Timeline Difference: Lifetime vs After Death

Understanding when each role is active makes the difference between comprehensive protection and dangerous gaps in your planning.

Imagine a timeline of your life: TODAY → INCAPACITY → DEATH → PROBATE GRANTED → ESTATE DISTRIBUTED

Your attorney is active from when you lose capacity until you die. Your executor is active from when probate is granted until your estate is distributed. These roles don't overlap—one ends exactly when the other begins.

But there's a critical gap: between death and probate. During this period (typically 2-4 months), your executor is named but can't act yet. Your attorney's authority has ended. No one has legal access to your accounts.

This is why you need both documents in place, and why families should plan for this gap by ensuring someone has funds available to cover immediate costs like funeral expenses.

Scenario 1: Only LPA, No Will

Margaret appointed her son as attorney through an LPA. When she died, his authority ended instantly. With no will naming an executor, the family had to apply for letters of administration. This process took nine months and cost £4,800 in legal fees. During this time, Margaret's house sat empty, her subscriptions continued charging monthly fees, and her estate lost value.

Scenario 2: Only Will, No LPA

Thomas named his daughter as executor in his will but never registered an LPA. At 73, Thomas had a severe stroke and lost capacity. His daughter couldn't access his accounts to pay his £4,500 per month care home fees. She had to apply to the Court of Protection for deputyship—a process that took 14 months and cost £3,400 in legal fees. Meanwhile, she paid his care costs from her own savings.

Scenario 3: Both in Place

Rachel registered both an LPA (naming her daughter as attorney) and made a will (naming the same daughter as executor). When Rachel developed dementia at 68, her daughter smoothly managed her care and finances using the LPA. When Rachel died at 74, the same daughter transitioned to the executor role and distributed the estate within four months. Total family stress: minimal. Total additional legal fees: zero.

The cost difference is stark. Having both documents in place costs £181-£280 total. Not having them can cost your family £3,000-£8,000 or more in legal fees, plus months or years of delays.

Key Responsibilities: What Each Role Actually Does

Let's look at the specific duties of each role so you understand the practical differences.

Power of Attorney Duties:

Your attorney makes decisions FOR YOU, acting in your best interests while you're alive. Their responsibilities depend on which type of LPA you've registered:

Property and Financial Affairs LPA:

  • Manage your bank accounts and pay bills
  • Access and manage your savings and investments
  • Buy or sell property on your behalf
  • Claim and manage your pensions and benefits
  • Deal with your tax affairs
  • Make decisions about your business interests

Health and Welfare LPA:

  • Decide where you live (including care home decisions)
  • Consent to or refuse medical treatment on your behalf
  • Make decisions about daily routine (diet, dress, activities)
  • Decide whether you should have life-sustaining treatment

Your attorney must follow the principles of the Mental Capacity Act 2005. They must act in your best interests, involve you in decisions as much as possible, and choose the least restrictive option.

Executor Duties:

Your executor carries out YOUR WRITTEN INSTRUCTIONS after death. They're not making decisions for you—they're implementing what you specified in your will:

  • Register the death and obtain death certificates
  • Locate your will and identify all assets
  • Value your estate (property, savings, investments, possessions)
  • Apply for grant of probate
  • Notify banks, pension providers, and government departments
  • Close or transfer accounts
  • Pay outstanding debts and bills
  • Calculate and pay inheritance tax (if your estate exceeds £325,000)
  • Sell property or other assets if necessary
  • Distribute gifts and bequests to named beneficiaries
  • Transfer remaining assets to residuary beneficiaries
  • Prepare final estate accounts showing all transactions
Responsibility Attorney (LPA) Executor
Manage bank accounts ✓ (while you're alive) ✓ (after you die)
Pay your bills ✓ ✓ (outstanding bills only)
Make healthcare decisions ✓ (health & welfare LPA) ✗
Sell your property ✓ (if authorized) ✓
Distribute your estate ✗ ✓
Apply for probate ✗ ✓
Pay inheritance tax ✗ ✓

Here's the fundamental difference: your attorney acts FOR YOU (on your behalf, consulting you where possible). Your executor acts ACCORDING TO YOUR WILL (following your written instructions, with no obligation to consult anyone).

Can the Same Person Be Both Your Attorney and Your Executor?

Yes, you absolutely can appoint the same person as both your attorney under an LPA and your executor in your will. Many people do exactly this, and it often makes excellent sense.

But here's what you must understand: these are still two separate legal appointments requiring two separate documents. Appointing someone as your attorney does NOT automatically make them your executor. You must name them explicitly in your will.

Benefits of Appointing the Same Person for Both Roles:

Consistency in decision-making means one person understands your wishes, values, and priorities across all circumstances. If your daughter manages your finances while you have dementia, she'll have deep knowledge of your assets, debts, and financial situation when she later serves as executor.

The transition is smoother. Your attorney already knows where everything is—which accounts, which investments, which solicitors or financial advisers you work with. When they become executor after your death, there's no learning curve.

It reduces family confusion about who's in charge. Instead of different people handling lifetime versus death matters, one trusted individual carries the responsibility throughout.

Claire, 54, appointed her daughter as both attorney and executor. When Claire developed Alzheimer's at 62, her daughter managed her care home payments and sold Claire's house to fund care costs. When Claire died at 68, the same daughter already knew every asset and debt, making estate administration straightforward. She completed the process in 12 weeks.

When You Might Choose Different People:

Your attorney is very old. If you appoint your 75-year-old spouse as attorney, they may not be capable of serving as executor when you die 20 years later. Consider naming your adult children as executors instead.

Different skills are needed. Your spouse might be the obvious choice for attorney (they know your daily life and healthcare preferences), but perhaps your financially-savvy brother is better suited to navigate the complexities of estate administration.

You want professional help for one role. Some people appoint a family member as attorney but name a solicitor as executor, especially for complex estates involving business assets or international property.

Robert, 71, appointed his son as attorney for day-to-day financial management but chose his daughter as executor. His son was excellent at handling regular bills and care decisions, but his daughter worked as an accountant and was better equipped to handle the tax implications of his business assets after death.

Critical Reminder:

Even if you choose the same person, you MUST:

  1. Register an LPA naming them as attorney (£82 per LPA)
  2. Create a will naming them as executor

One document does not cover both roles. They're separate appointments at separate times.

Common Mistakes People Make with These Appointments

Mistake 1: Assuming Attorney Automatically Becomes Executor

This is the most dangerous misconception. Michael's story at the start of this article demonstrates exactly what happens: his attorney daughter lost all authority when he died, and the family faced months of legal proceedings because he'd never made a will naming an executor.

Your attorney's authority ends at death. Full stop. If you want them to handle your estate, you must name them separately in your will.

Mistake 2: Creating a Will But No LPA

You're protected after death but completely vulnerable during lifetime incapacity. With 78% of UK adults having no registered LPA, this is disturbingly common.

If you lose capacity without an LPA, your family must apply to the Court of Protection for deputyship. This process takes 12-18 months, costs £3,000 or more, and requires ongoing court supervision. The court decides who becomes deputy—it may not be the person you'd have chosen.

David's story above is typical: stroke at 73, no LPA, daughter couldn't access accounts, 14-month deputyship application, £3,400 in fees, and she had to pay his care costs from her own money during the wait.

Mistake 3: Creating LPA But No Will

Patricia registered an LPA naming her son as attorney when she was diagnosed with Parkinson's at 65. She never made a will, thinking the LPA covered everything. When Patricia died at 72, her son's authority ended immediately.

Because Patricia was unmarried, her entire £290,000 estate went to her estranged brother under intestacy rules—not to her son who had cared for her for seven years. If she'd made a will, her son would have inherited as she wished.

Mistake 4: Appointing Attorney Without Discussing the Role

Over 50,000 LPA applications were rejected in 2023-24 due to errors, many because the person appointed didn't understand the role, wasn't willing, or wasn't properly consulted.

Have a thorough conversation with your proposed attorney. Explain what you're asking them to do. Ensure they're willing and capable. Discuss your wishes and values so they can make decisions aligned with your preferences.

Mistake 5: Forgetting to Register the LPA

Creating the LPA document isn't enough—it MUST be registered with the Office of the Public Guardian to have legal effect. Registration takes 8-10 weeks, so it can't be done in an emergency.

Many people complete the forms and think they're done, only for their family to discover after incapacity that the LPA was never registered and therefore has no legal power.

Mistake 6: Not Updating Appointments After Life Changes

Your attorney or executor who was perfect 15 years ago may now be too elderly, ill, or geographically distant to serve. Divorce, remarriage, birth of children, or death of the appointed person all require updates.

Review your LPA and will every 3-5 years and after major life events. Update if circumstances have changed.

How to Appoint an Attorney and an Executor

Let's walk through the practical steps for making both appointments.

How to Appoint an Attorney (Lasting Power of Attorney):

Step 1: Decide which type(s) of LPA you need

Most people register both types for complete protection:

  • Property and Financial Affairs LPA (for financial decisions)
  • Health and Welfare LPA (for medical and care decisions)

Step 2: Choose your attorney(s)

Your attorney must be:

  • 18 or older
  • Have mental capacity
  • Trustworthy, organized, and willing to serve

You can appoint multiple attorneys. If you do, decide whether they must act jointly (all agree on every decision), jointly and severally (each can act independently), or jointly for some decisions and severally for others.

Step 3: Complete the LPA forms

You can complete forms online at gov.uk/power-of-attorney or use paper forms. The LPA must be signed by:

  • You (the donor)
  • Your attorney(s)
  • A certificate provider (someone who confirms you understand what you're doing and aren't under pressure—usually a professional or someone who's known you for at least two years)

All signatures must be witnessed.

Step 4: Register the LPA

Submit your completed forms to the Office of the Public Guardian. The registration fee is currently £82 per LPA (reductions available if your income is below £12,000, or exemptions if you receive certain benefits).

Processing time is currently 8-10 weeks. Your LPA has no legal effect until it's registered.

How to Appoint an Executor (in Your Will):

Step 1: Decide who to appoint

Your executor should be:

  • 18 or older when they apply for probate
  • Trustworthy and organized
  • Capable of handling financial and legal matters
  • Willing to serve

You can name up to four executors. You can also name substitute executors in case your first choice can't act.

Step 2: Create your will

You can use an online will service like WUHLD (£99.99) or consult a solicitor (typically £650 or more). Your will must:

  • Name your executor(s) clearly
  • Include your instructions for distributing your estate
  • Be signed by you
  • Be witnessed by two independent witnesses who watch you sign

Step 3: Store your will safely

Keep the original in a safe place and tell your executor(s) where it is. Don't attach anything to your will (pins or staples can raise questions about whether pages were removed). Never store it with documents that might be destroyed (like a partner's will if they might predecease you).

Step 4: Review regularly

Review your will every 3-5 years and after major life events (marriage, divorce, birth of children, death of beneficiary or executor). If changes are needed, create a new will rather than trying to amend the old one.

Task LPA Registration Will Creation
Time to Complete 8-10 weeks (registration processing) Immediate (will is valid when signed and witnessed)
Cost (DIY) £82 per LPA £0 (if you write it yourself)
Cost (Professional) £300-500+ per LPA £99.99 (WUHLD) or £650+ (solicitor)†
When Active When registered (or when you lose capacity) After your death (once probate granted)

† Based on National Wills Report 2024, average solicitor-assisted will writing costs £650.

Both processes are straightforward if you follow the legal formalities carefully. The costs are reasonable—especially compared to the £3,000-£8,000 your family might spend if you don't have these documents in place.

What Happens If You Only Have One (But Not the Other)

Let's look at the specific consequences of incomplete planning.

Scenario 1: LPA Only, No Will

What This Protects:

  • You during lifetime incapacity
  • Your attorney can manage finances and care decisions
  • No need for expensive deputyship application

What This Doesn't Protect:

  • Your estate after death
  • Who inherits your assets
  • Unmarried partners (who inherit nothing under intestacy)
  • Specific gifts or charitable bequests

Real Consequence:

Your attorney's authority ends the moment you die. If you have no will, intestacy rules determine who inherits. For unmarried people, this often means assets go to distant relatives rather than the people you'd choose.

Patricia's story: LPA registered, no will made. Attorney son managed her care beautifully for seven years. When she died, his authority ended instantly. Her £290,000 estate went to her estranged brother under intestacy, not to her devoted son.

Your family must apply for letters of administration (not probate, because there's no will). This process takes 6-12 months versus 3-6 months with a will. Legal fees: £3,000-£5,000 versus £1,500 or less with probate.

Scenario 2: Will Only, No LPA

What This Protects:

  • Your estate after death
  • Your executor can distribute assets as you wish
  • Specific bequests are honored

What This Doesn't Protect:

  • You during lifetime incapacity
  • Access to accounts for bills and care costs
  • Healthcare decision-making

Real Consequence:

If you lose capacity without an LPA, family must apply to Court of Protection for deputyship. This process takes 12-18 months and costs £3,000 or more. The court decides who becomes deputy—not necessarily the person you'd choose. Deputies face ongoing court supervision and annual fees.

David's story: Will in place (daughter named executor), no LPA. Stroke at 73, daughter couldn't access accounts. She applied for deputyship: 14 months, £3,400 in fees. She paid his £4,500/month care costs from her own savings during the wait, causing significant financial strain.

Scenario 3: Neither LPA nor Will

What This Protects:

  • Nothing

Consequences During Lifetime:

  • Deputyship application: 12-18 months, £3,000+
  • Court chooses who becomes deputy
  • Ongoing supervision and fees

Consequences After Death:

  • Intestacy rules determine inheritance
  • Letters of administration: 6-12 months
  • Higher legal fees than probate with will
  • Assets may not go to people you'd choose
Situation Lifetime Incapacity Cost Death Administration Cost Total Risk
LPA + Will (both in place) £0 (attorney acts) £0-£1,500 (probate fees) £1,500 max
LPA only (no will) £0 (attorney acts) £3,000-£5,000 (letters of administration) £5,000
Will only (no LPA) £3,000+ (deputyship) £0-£1,500 (probate with will) £4,500+
Neither £3,000+ (deputyship) £3,000-£5,000 (letters of administration) £8,000+

The cost of creating both documents is £181-£280. The cost of NOT having them can reach £8,000 or more, plus months or years of stress for your family during already difficult times.

Complete protection requires both LPA (for lifetime) and will (for death). One without the other leaves a dangerous gap.

Need Help with Your Will?

Understanding the difference between power of attorney and executor is the first step—appointing the right executor in your will is the next. A properly drafted will ensures your chosen executor has clear instructions and legal authority to carry out your wishes.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete will (legally binding when properly executed and witnessed) plus three expert guides. Preview your will free before paying anything—no credit card required.

Frequently Asked Questions

Q: What is the main difference between power of attorney and executor?

A: A power of attorney (LPA) is someone you appoint to make decisions on your behalf while you're alive but unable to do so yourself. An executor is someone you name in your will to manage your estate after your death. The attorney's authority ends when you die; the executor's authority begins when you die.

Q: Can the same person be both my attorney and my executor?

A: Yes, you can appoint the same person as both your attorney under an LPA and your executor in your will. However, these are separate legal appointments that require separate documentation. Many people choose the same trusted individual for both roles for consistency in decision-making.

Q: Does my power of attorney automatically become my executor when I die?

A: No, your attorney does not automatically become your executor. A power of attorney's authority ends immediately upon your death. To appoint someone as your executor, you must name them specifically in your will. These are two separate legal roles requiring separate appointments.

Q: When do I need a lasting power of attorney versus a will with an executor?

A: You need both for comprehensive planning. A lasting power of attorney protects you during your lifetime if you lose mental capacity due to illness, accident, or dementia. A will with an executor ensures your wishes are carried out after your death. They serve different purposes at different times.

Q: What happens if I have a power of attorney but no will?

A: Your attorney can manage your affairs while you're alive and incapacitated, but their authority ends when you die. Without a will naming an executor, your estate will be distributed according to intestacy rules, not your wishes. Your family will need to apply to become administrators, which takes longer and costs more than having a named executor.

Q: Can my executor access my bank accounts before I die?

A: No, an executor has no legal authority to access your accounts or manage your affairs while you're alive. Only an attorney appointed under a lasting power of attorney can manage your finances during your lifetime. The executor's role begins only after your death, once they obtain a grant of probate.

Q: Do I need a solicitor to set up power of attorney and appoint an executor?

A: No, you don't need a solicitor for either. You can register a lasting power of attorney through the Office of the Public Guardian for £82. You can create your will naming an executor using WUHLD's online service for £99.99, which includes all necessary documents and guidance. Solicitors typically charge £650 or more for will writing services (National Wills Report 2024).

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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