Legally, executors and attorneys both play important roles, but have distinct responsibilities and functions.
An executor is an individual appointed by a will or by the court to carry out the instructions and wishes of the deceased person (the testator). Their primary responsibility is to manage the estate administration process after the testator has passed away. Executors are obligated to act in the best interests of the estate and its beneficiaries. The role of an executor only commences once the testator has passed away.
An attorney is an individual appointed by a document known as a Lasting Power of Attorney (LPA) made by an individual (the donor) during their lifetime. A donor appoints an attorney to make decisions on their behalf in case they become mentally incapacitated. An attorney must act in the best interests of the donor and make decisions within the scope of the LPA. This could include making decisions about property and finance or making decisions about health and welfare, or both!
To summarise, an executor is responsible for managing the affairs of the deceased person’s estate, whilst an attorney is responsible for making decisions on behalf of the living individual who has lost mental capacity. An executor’s authority is granted after death, whereas an attorneys authority is granted whilst the person is alive but incapacitated, and it ends on death.
