Executor vs. Power of Attorney: Understanding Who Handles What, When

June 13, 2025

While both executors and Power of Attorney agents act on your behalf, they serve completely different purposes at different times in your life. Understanding these roles helps ensure your affairs are properly managed both during your lifetime and after your death.


What is an Executor?


An executor is the person you name in your will to handle your estate after you die. Think of them as your personal representative who steps in once you're gone to:

  • Locate and secure your assets (bank accounts, property, investments)
  • Pay outstanding debts, taxes, and final expenses
  • Distribute your assets according to your will's instructions
  • File necessary court documents and manage the probate process
  • Close accounts, cancel services, and handle final administrative tasks


The executor only gains authority after your death and must often be approved by the probate court before they can act.


Power of Attorney: Active During Your Lifetime


In contrast, your Power of Attorney agents work for you while you're alive but unable to handle matters yourself due to illness, injury, or incapacitation. As discussed previously:

  • General POA manages financial and legal affairs
  • Medical POA makes healthcare decisions


Crucially, all Power of Attorney authority automatically ends when you die—your POA agents have no legal standing to handle your affairs after death.

The Critical Handoff

This creates an important transition: when you die, your POA agents must step back, and your executor takes over. Many people don't realize this gap exists and assume their POA will handle everything.


Why You Need Both

Consider this scenario: You become incapacitated due to a stroke. Your POA agents manage your finances and medical care during your illness. When you eventually pass away, your POA authority dies with you, and your executor begins settling your estate according to your will.


Common Overlap and Smart Planning

Many people choose the same person for both roles—naming their most trusted child as both POA agent and executor. This creates continuity and ensures someone familiar with your affairs handles both phases. However, the roles require different skills: POA agents need to make ongoing decisions under pressure, while executors need organizational skills and patience for the administrative process of settling an estate.


The Bottom Line

POA agents protect you while you're alive but incapacitated; executors protect your legacy after you're gone. You need both properly documented to ensure seamless management of your affairs throughout all of life's circumstances. Without an executor named in a valid will, courts will appoint someone—who may not be your preferred choice—to handle your estate.

A person is signing a document with a fountain pen
June 5, 2025
As we get older, it's important to think about what would happen if we couldn’t make decisions for ourselves, whether due to illness, injury, or simply the unexpected. It’s not easy to imagine, but having the right legal documents in place can make all the difference for you and your loved ones. Two key documents that protect your interests are the General Power of Attorney and the Medical Power of Attorney .  Knowing how they work, and how they're different, helps ensure you’re fully protected. General Power of Attorney (POA) A general POA allows you appoint someone you deeply trust (often called your "agent" or "attorney-in-fact") to take care of your financial and legal matters if you're unable to. The POA typically covers: Managing your bank accounts, investments, and real estate Paying your bills, filing your taxes, and managing debts Making decisions about your insurance as well as filing claims Overseeing a business or handling employment matters Managing government benefits like Social Security or Medicare You can set it up as “durable” (so it stays valid if you become incapacitated) or “springing” (activates if you are declared unable to make decisions). Most people go with the durable option for peace of mind. Medical Power of Attorney (Healthcare POA) A Medical POA is focused entirely on your health. It allows someone, often a close family member or trusted friend, to make medical decisions for you if you're not able to speak for yourself. This person, often called a healthcare proxy, can: Consent or refuse medical treatments Choose your doctors or healthcare facilities Access your medical records Make decisions regarding life support or end-of-life care Authorize or decline experimental treatments It’s about making sure your voice is still heard, even when you can’t speak.
A cemetery with many white crosses in the grass
June 5, 2025
When a veteran passes away, their executor faces unique responsibilities beyond typical estate duties. Military service creates special benefits and entitlements that require specific documentation to claim. Without these documents readily available, families may lose thousands in benefits or face lengthy delays during an already difficult time.