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Power of Attorney vs Executor Difference

Also known as: Personal Representative, Executrix

Definition

The key difference is that an attorney (under power of attorney) manages your affairs while you're alive, whereas an executor manages your estate after you die—these are separate roles with different legal authority and timing.

Understanding this distinction is essential for comprehensive estate planning, as you need both documents to protect yourself during life and ensure your wishes are followed after death.

What Does Power of Attorney vs Executor Difference Mean?

Under English and Welsh law, an attorney and an executor serve completely different purposes at different times. An attorney, appointed through a lasting power of attorney (LPA) under the Mental Capacity Act 2005, makes decisions on your behalf during your lifetime—especially if you lose mental capacity through dementia, illness, or injury. An executor, appointed in your will under the Wills Act 1837, administers your estate after you die by obtaining probate, collecting assets, paying debts, and distributing your estate to beneficiaries.

The critical distinction is timing: attorney authority ends immediately when you die, and executor authority begins only after death when the grant of probate is issued. This creates a clear legal boundary—the attorney manages your affairs on one side of that line (during life), and the executor manages your estate on the other side (after death). There's no overlap in authority or timing.

When you die, your attorney must stop all actions immediately and notify the Office of the Public Guardian, returning the original LPA document. The attorney has no legal power to access your accounts, pay funeral expenses, or manage your estate—continuing to act would constitute fraud and could result in criminal charges. Meanwhile, your executor applies for a grant of probate and only then gains legal authority to administer your estate. For example, David appointed his daughter Sarah as both his attorney and executor. When David developed dementia at age 78, Sarah managed his £4,500 monthly care home fees as attorney. When David died at age 82, Sarah's attorney powers ended instantly—she notified the OPG and returned the LPA. She then applied for probate as executor to distribute David's £380,000 estate.

You need both documents for complete protection. Without an LPA, your family must apply to the Court of Protection for a deputyship if you lose capacity—a process taking 6-9 months and costing £3,000-£5,000. Without a will naming an executor, your estate follows intestacy rules that may not match your wishes. The same trusted person can serve both roles, but they require separate appointments in both the LPA and your will.

Common Questions

"Does a power of attorney end when someone dies?" Yes, a power of attorney ends immediately when the donor (the person who granted it) dies. All types of power of attorney—including lasting power of attorney (LPA)—cease to be valid the moment of death. The attorney must stop acting immediately and notify the Office of the Public Guardian.

"Can the same person be both my attorney and my executor?" Yes, the same person can serve as both your attorney under a lasting power of attorney and your executor in your will. This is common practice, especially when appointing a trusted family member. However, these are separate roles: they act as attorney only while you're alive, then switch to acting as executor after your death.

"Do I need both a power of attorney and an executor?" Yes, you need both to ensure comprehensive protection. A lasting power of attorney appoints someone to manage your affairs if you lose mental capacity during your lifetime. An executor in your will manages your estate after you die. These roles cover different time periods and cannot substitute for each other.

Common Misconceptions

Myth: If I appoint someone as my attorney under a lasting power of attorney, they'll automatically handle my estate when I die.

Reality: No. Attorney powers end immediately upon your death. To give someone authority to manage your estate after death, you must separately appoint them as executor in your will. These are distinct legal roles requiring separate appointments—one in your LPA document and one in your will.

Myth: My attorney can use the lasting power of attorney to access my bank accounts and pay funeral expenses after I die.

Reality: No. This would be fraud. The moment you die, the LPA becomes invalid and the attorney has no legal authority to access your accounts or spend your money. Only the executor (or administrator if no will) can access estate funds, and only after obtaining the grant of probate. Continuing to act as attorney after death can result in criminal charges.

  • Executor: The person who administers your estate after death—the executor role is one half of this comparison, acting only after you die.
  • Attorney: The person appointed under your lasting power of attorney to manage your affairs during life—the attorney role is the other half, acting only while you're alive.
  • Donor: The person who creates the lasting power of attorney and appoints the attorney—essential for understanding whose death ends the LPA.
  • Grant of Probate: The legal document that gives the executor authority to act after your death—what the executor needs before managing your estate.
  • Personal Representative: The broader legal term that encompasses both executors (when there's a will) and administrators (when there's no will).

Need Help with Your Will?

Understanding the difference between attorney and executor shows why appointing an executor in your will is essential—even if you already have a lasting power of attorney. These roles cover different life stages and both are necessary for complete protection.

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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.