What Is the Difference Between an Attorney and an Executor?

A Power of Attorney and an Executor may sound similar, but they serve very different purposes. Understanding these roles is essential for anyone making arrangements to safeguard their future and estate.

The Role of an Attorney

An attorney is appointed through a UK Power of Attorney to act while a person is alive but unable to make their own decisions. This can cover health and welfare choices, such as medical care and living arrangements, or property and financial affairs, such as managing bank accounts and paying bills. You can visit powerofattorneyonline.co.uk/ for more information.

The Role of an Executor

An executor is named in a will and takes responsibility only after death. Their main duties include applying for probate, which UK.GOV explains, valuing assets, paying any debts and taxes and distributing the estate according to the Will’s instructions. The role can be time-consuming, often lasting several months or even years.

Key Differences Between the Two Roles

The main distinction lies in timing. Attorneys act while the donor is still alive, stepping in only when necessary. Executors, however, step in only after death to manage the estate. Attorneys focus on day-to-day decisions about health or finances, while executors handle legal and financial matters tied to the will.

Can the Same Person Be Both?

It is possible for one person to be appointed as both attorney and executor, but this is not always practical. Each role requires different skills and commitments.

Attorneys safeguard interests during life, while executors carry out wishes after death.