Who’s in Charge? Power of Attorney vs. Executor of an Estate

When someone gets sick, grows old, or passes away, figuring out who handles their affairs can get tricky. Two big roles come up a lot: the power of attorney and the executor of an estate. They sound similar, but they’re not the same. Let’s break it down so you can understand the difference—without all the fancy legal words.

What’s a Power of Attorney?

A power of attorney (POA) is when someone picks a person they trust to make decisions for them while they’re still alive. Think of it like giving someone a key to your life—but only for certain things and only while you’re around.

For example, if Grandma can’t leave the house anymore, she might give her son a POA. That means he can pay her bills, talk to her bank, or even decide on her medical care if she’s too sick to speak for herself. There are different types of POA:

• General POA: Handles money stuff, like paying bills or selling a car.

• Medical POA: Makes health choices, like picking treatments or doctors.

The big catch? A POA only works while the person is alive. Once Grandma passes away, that power stops. The son can’t use it anymore.

What’s an Executor of an Estate?

An executor is a totally different job. This person steps in after someone dies. They’re named in a will—that’s the paper where someone writes down what they want to happen with their stuff when they’re gone. The executor’s job is to make sure those wishes happen.

Let’s say Grandpa wrote a will and picked his daughter as the executor. After he dies, she’s in charge of:

• Finding all his assets (house, car, bank accounts).

• Paying any debts or taxes he still owes.

• Giving out what’s left—like money to his kids or his old watch to his best friend—based on what the will says.

If there’s no will, a court picks someone to do this job, but they’re called an “administrator” instead. Either way, this role only starts after someone dies—not before—and whether named in a will or not, this person must still be appointed by a court.

The Big Differences

Here’s where they’re not the same:

• When They Work: A POA is for when someone’s alive but needs help. An executor only works after death.

• What They Do: A POA takes care of someone’s needs now—like paying rent or picking a nursing home. An executor wraps up someone’s life later—handing out their stuff and closing accounts.

• Where the Power Comes From: A POA comes from the person signing a paper that meets the requirements of state law, saying, “You’re in charge of this for me.” An executor’s job comes from a will or a court.

Can One Person Do Both?

Sure, oftentimes, the same person does both jobs. Grandma might trust her son with a POA while she’s alive, and then name him executor in her will for after she’s gone. But they’re still separate roles with different rules.

Why It Matters

Mixing these up can cause big problems. If someone tries to use a POA after the person dies, banks or courts won’t allow it. And a court will not appoint an executor for the estate of someone who is still alive. Knowing who does what keeps things smooth—and legal.

Final Thoughts

A power of attorney and an executor are both important roles in an estate plan, but they take effect at different times. One is for the living, one is for the deceased. If you’re ever asked to be either, make sure you know what you’re signing up for. And if you’re planning for your own future, picking the right people for these jobs can save your family a lot of headaches.

References

1. Nolo. “What Is a Power of Attorney?” Available at: https://www.nolo.com/legal-encyclopedia/what-is-a-power-of-attorney.html

2. American Bar Association. “The Probate Process.” Available at: https://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/the_probate_process/