What is the difference between an Executor and an Attorney?

For some of us, the answer to this question can be quite simple and straightforward, however during our experience of estate planning, this question comes up more often than not.

An Executor is responsible for ensuring the terms and wishes of the deceased are adhered to, and to manage the process through the administration process. This can be quite an involved process depending upon the size and nature of your estate. They are responsible for undertaking certain legal obligations as well as organising your funeral and distributing your assets.

An Attorney is someone who acts on your behalf, usually as part of a Lasting Power of Attorney. The Lasting Power of Attorney is only effective during your lifetime, before and after you lose mental capacity. An Attorney must have your best interests at heart and if they abuse this power, they can be reported to the Office of the Public Guardian or the Court of Protection and removed from being your Attorney, and even prosecuted.

The difference between an Executor and an Attorney is simply an Attorney can help and take over your affairs during your lifetime, whereas an Executor deals with your estate after you die.