When it comes to protecting your future and ensuring your loved ones are looked after, few decisions are more important than appointing the right executor and lasting power of attorney. These two roles may sound similar, but they serve very different purposes—and require unique qualities from the people you choose.
In this blog, we’ll explain the difference between the two, why choosing wisely matters, and how to find the right person to act as your lasting power of attorney or executor.
What Is an Executor?
An executor is the person named in your Will who is legally responsible for carrying out your final wishes after your death. Their duties include:
- Registering your death and arranging the funeral
- Calculating your estate’s value
- Applying for probate
- Paying debts and taxes
- Distributing your estate according to your Will
Qualities to Look For in an Executor:
- Organised and detail-oriented
- Comfortable with legal and financial tasks
- Able to act impartially and fairly
- Trustworthy and emotionally capable of handling sensitive matters
You can appoint a family member, close friend, or a professional such as a solicitor or accountant.
What Is a Lasting Power of Attorney?
A lasting power of attorney (LPA) is a legal document that allows someone you trust to make decisions on your behalf while you’re still alive but unable to do so yourself – often due to illness, accident, or age-related decline.
There are two main types of lasting power of attorney:
- Property and Financial Affairs LPA
This allows your chosen attorney to manage your money, bank accounts, property, and bills. - Health and Welfare LPA
This covers medical decisions, living arrangements, and personal care, including end-of-life decisions.
You can appoint the same person for both types, or different individuals depending on your preferences.
For detailed official information on setting up an LPA, visit GOV.UK’s Power of Attorney guide.
Key Qualities in a Lasting Power of Attorney
Because a lasting power of attorney acts while you are still alive, the person you choose must:
- Be someone you trust deeply
- Have the ability to remain calm under pressure
- Be capable of making complex decisions involving health or finances
- Understand your personal values and wishes
- Be over 18 and have full mental capacity
Executor vs. Lasting Power of Attorney: What’s the Difference?
It’s common to confuse the two roles. Here’s a quick comparison:
| Executor | Lasting Power of Attorney |
| Acts after your death | Acts while you’re alive if you lose capacity |
| Handles your estate and Will | Handles your finances or healthcare |
| Needs a Grant of Probate to act | Needs a registered LPA to act |
| Named in your Will | Named in your LPA document |
While they serve different purposes, both roles carry legal authority and significant responsibility. It’s essential that your lasting power of attorney and executor understand their roles, and are willing and able to act.
Can the Same Person Be Both Executor and Lasting Power of Attorney?
Yes, and in many cases, this simplifies things. Choosing the same trusted individual for both roles can provide continuity and ensure your wishes are fully understood and respected.
However, it’s not always the best solution. If your estate is complex, or if one person is better suited to financial matters while another excels in healthcare decisions, you may wish to split the responsibilities.
Top Tip 💡: If you choose more than one lasting power of attorney, ensure they can work together effectively. Most joint attorneys must act unanimously, so communication and trust are vital.
Why It’s Crucial to Choose Your Lasting Power of Attorney Carefully
Creating a lasting power of attorney is more than just paperwork – it’s an essential form of protection for your future. Without an LPA in place:
- Your loved ones can’t automatically manage your finances or care
- They may need to apply to the Court of Protection, which is costly and time-consuming
- You risk decisions being made by someone who doesn’t know you or your wishes
By appointing a lasting power of attorney in advance, you take control of who speaks for you and ensure your values and preferences are upheld.
Practical Considerations When Choosing a Lasting Power of Attorney
Ask yourself:
- Do they have good judgment and decision-making skills?
- Are they financially and emotionally stable?
- Do they understand your medical needs or preferences?
- Can they manage records and legal obligations?
- Do they live locally (to help with logistics)?
Also, consider whether to appoint a professional as your lasting power of attorney if there’s no one suitable in your personal network.
Professional Help: When to Involve Experts
If your affairs are complex or your family dynamics are sensitive, seeking expert guidance can be invaluable. At The Will Centre, we help you:
- Draft Wills and nominate executors
- Create and register your lasting power of attorney
- Offer practical advice tailored to your unique needs
- Navigate the legal process with confidence
Final Thoughts
Choosing your executor and lasting power of attorney isn’t something to rush. These individuals may one day speak for you or carry out your final wishes. Take time, ask questions, and consult professionals if needed.
At The Will Centre, we’ve been helping clients in Plymouth and beyond with lasting power of attorney documents, Wills, and probate since 1993. Our expert team ensures that your choices are protected and your future is secure.
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