Many people assume that a Power of Attorney and an Executor are the same. Both roles involve managing certain affairs, and both require trust and responsibility. However, they operate at different times and serve distinct purposes under Ontario law. Consult a wills and estates lawyer about the documents you need. 

What a Power of Attorney Is 

A Power of Attorney (POA) appoints someone to make decisions for you while you are still alive. In Ontario, there are two main types: a Power of Attorney for Property and a Power of Attorney for Personal Care.

The person you appoint (called your attorney) can manage your finances, pay your bills, sell assets, or make healthcare decisions, depending on the type of POA. The critical point is that a Power of Attorney is only valid while you are alive. Once you pass away, their authority ends immediately.

What an Executor Does in Ontario Estates

An Executor (also called an Estate Trustee) is the person named in your will to manage your estate after you die. Unlike a Power of Attorney, an Executor has no authority while you are alive. Their role begins after your death, and they are legally obligated to act in the best interests of your estate and its beneficiaries.

Key Differences Between a POA and an Executor

The timing is the most fundamental difference. Your Power of Attorney works for you during your lifetime, while your Executor takes over after you pass away. 

The scope of authority also differs. An attorney under a POA can only do what you have specifically authorized in the document. An Executor, on the other hand, must follow the instructions in your will and Ontario estate law.

You can appoint the same person to both roles, but they are not interchangeable. Each position requires a separate legal appointment.

Practical Examples

Consider Maria, who suffers a stroke and can no longer manage her finances. Her daughter, named as her attorney under a Power of Attorney for Property, steps in to pay Maria’s mortgage and bills. Maria is still alive, so her daughter acts under the POA. When Maria eventually passes away, her son takes over as Executor to settle the estate.

In another scenario, David names his brother as both his Power of Attorney and his Executor. While David is alive, but dealing with dementia, his brother manages his investments using the POA. After David dies, the brother transitions into the Executor role to distribute assets according to the will.

These examples show how the roles operate in sequence, not simultaneously.

FAQs

Can my Power of Attorney act as my Executor?

Yes, you can appoint the same person to both roles. However, they will need separate legal documents.

What happens if I do not have a Power of Attorney?

If you lose mental capacity without a POA in place, your family may need to apply to the court for guardianship. This process can be costly and stressful.

Does my Power of Attorney automatically become my Executor?

These are two separate appointments. Your attorney has no authority over your estate unless they are also named as Executor.

Consult a Wills and Estates Lawyer

Understanding the difference between a Power of Attorney and an Executor is just the beginning. If you have not yet appointed these positions, now is the time to act.

At GS Brar Law, our wills and estates lawyers create comprehensive estate plans in Brampton and across Ontario. Contact us at 905 291 3297 to discuss your estate planning, both now and in the future.