Lasting power of attorney vs executor: what is the difference?

The key difference: during life vs after death

The most important distinction is timing:

• A lasting power of attorney gives another person authority to act on your behalf during your lifetime, if and when you lose mental capacity. The LPA has no effect after you die.
• An executor is the person named in your will to deal with your estate after your death. Their authority begins at death, not before.

The two roles address completely different situations and are not interchangeable.

What a lasting power of attorney covers

There are two types of LPA in England and Wales:

Property and financial affairs LPA

This allows your attorney to manage your financial affairs, including: managing bank accounts and investments, paying bills and debts, buying or selling property, claiming benefits, and making gifts (subject to restrictions).

Unlike the health and welfare LPA, a property and financial affairs LPA can be used while you still have mental capacity, if you choose to allow it. This can be useful if you simply want help managing your affairs.

Health and welfare LPA

This allows your attorney to make decisions about your medical care, daily routine, where you live, and (if you specify) whether to give or refuse life-sustaining treatment. It can only be used when you lack mental capacity to make the decision yourself.

Registering an LPA with the Office of the Public Guardian

An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. The registration fee is £82 per LPA (as of May 2026; fees and processing times can change — check the current fee at gov.uk/power-of-attorney/register before applying). People on means-tested benefits may be entitled to a reduction or exemption.

Registration typically takes around 20 weeks from application, though timescales vary. You should register your LPA well in advance of needing it. An LPA that has not been registered cannot legally be used, even in an emergency.

You can check whether an LPA has been registered by searching the OPG register at gov.uk/opg.

Enduring powers of attorney (EPA)

Enduring powers of attorney were the predecessor to LPAs. It was possible to make an EPA until October 2007. EPAs made before that date are still valid and can be registered with the OPG if the donor is losing or has lost mental capacity. If you have a pre-2007 EPA, check whether it has been registered or needs to be.

What happens without an LPA: Court of Protection deputyship

If someone loses mental capacity without having made an LPA, no one automatically has legal authority to manage their affairs. Family members, however close, cannot simply take over.

In this situation, it is necessary to apply to the Court of Protection for a deputyship order. The court appoints a deputy (usually a close relative or a professional) to act on behalf of the person who lacks capacity.

Deputyship is considerably more expensive and time-consuming than registering an LPA. Applications typically take three to six months and cost several hundred to several thousand pounds in court fees and legal costs. Deputies must also submit annual reports to the OPG, which adds ongoing administrative burden.

Making an LPA while you have capacity is almost always preferable to leaving family members to apply for deputyship later.

Practical scenarios

• Dementia diagnosed while alive. The LPA is used by the attorney to manage financial affairs and make health decisions. When the person dies, the LPA ends. The executor then takes over to deal with the estate.
• Death without LPA having been needed. If the person dies with mental capacity intact, the LPA was never needed during life. The executor deals with the estate after death.
• Death without a will or LPA. If there is no will, someone must apply for letters of administration. If the person lost capacity before death without an LPA, a Court of Protection deputyship would have been needed during life. Both situations create significant delay and cost.

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