Legal Eagle Q & A: Who is my Executor and who is my Attorney?

October 31, 2016 by Melinda @ Giles Wilson

Question: Who is my Executor and who is my Attorney?

Answer: Legal terminology can be confusing!

An “Attorney”, put simply, is someone who acts on your behalf during your lifetime. The documents are called “Lasting Powers” not because they last into death – but because they can “last” through mental incapacity. The documents need to be put in place while the donor (a slightly “clinical” term; but think about it in terms of “donating” power rather than anything else!) has full capacity and understanding of what they are doing. An LPA, once validly registered, can then be used by the Attorney even once the donor no longer has mental capacity. The LPA however (and any authority of the Attorney) dies with the donor.

An Executor on the other hand, is someone who is appointed in a Will. The Executor’s job therefore comes into being once the person has passed away and their duty is to administer the estate in accordance with the Will. The Executor has nothing to do until this point (although it is of course advisable to check with someone if you wish to appoint them!)

An Attorney and an Executor can be the same person – and often this would make sense, as an Attorney during your life may have a good understanding of your estate. However, they can be separate people and they must be appointed in different ways and by validly made documents (being either the LPA or Will).

Oh, should mention that this are the terms as used in the UK of course; an Attorney in the US has a different meaning!

This article is by Melinda Giles at Giles Wilson Solicitors. 
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