Skip to main content

Difference Between Executor and Power of Attorney in Canada

Updated

An executor and an attorney under a power of attorney both act for you, but at different times and under different documents. The attorney acts while you are alive but unable to manage your affairs; their authority ends at your death. The executor’s authority starts at your death, comes from your will, and ends when the estate is settled. Most people need both. This page is part of our estate planning guide.

When each applies

Executor / estate trusteeAttorney under a power of attorney
When the authority startsAt your deathWhen the document says: immediately, or when you lose capacity
What it coversYour estate (what you own at death)Your finances, and your personal care under a separate document
Where it comes fromYour willA power of attorney document
Court involvementProbate is often needed for institutions to deal with the executorGenerally none
When it endsWhen the estate is fully distributedAt your death
Other names“Estate trustee” (Ontario), “liquidator” (Quebec)“Attorney” for property; “agent”, “representative” or “proxy” for personal care in some provinces

A will can’t do what a power of attorney does, and a power of attorney can’t be used after death: on the day of death the attorney’s authority stops, and the executor takes over.

What the attorney does

An attorney for property can pay bills, manage bank accounts and investments, file tax returns and, if the document allows, sell or refinance real estate. An attorney for personal care makes decisions about treatment, where you live and daily care, only once you can’t make them yourself. A continuing (enduring) power of attorney stays valid if you lose capacity; a general one ends then.

The documents go by different names in different provinces:

ProvinceFinancial documentPersonal care document
OntarioContinuing Power of Attorney for PropertyPower of Attorney for Personal Care
BCEnduring Power of AttorneyRepresentation Agreement
AlbertaEnduring Power of AttorneyPersonal Directive
QuebecProtection mandate (mandat de protection)Included in the mandate, or an advance medical directive
SaskatchewanEnduring Power of AttorneyHealth Care Directive
Nova ScotiaEnduring Power of AttorneyPersonal Directive

How to make each one valid, what to put in it and how to revoke it are in the power of attorney guide. Without one, family members who need to act for someone who has lost capacity have to apply to a court to be appointed guardian (in Ontario, under the Substitute Decisions Act), which is slower and costlier than having the document.

What the executor does

The executor’s job runs from registering the death through probate, paying debts and taxes, to distributing what’s left. The tax side (the final return, optional returns and the CRA clearance certificate that protects the executor before distributing) is covered in how to file taxes for a deceased person, and the full step-by-step list in the financial checklist when someone dies. Probate itself, and what it costs in each province, is in probate fees by province.

Assets that pass outside the estate don’t go through the executor at all: accounts and real estate held jointly with a right of survivorship (see joint accounts after a death), and RRSPs, RRIFs, TFSAs, life insurance and pensions with a named beneficiary. The executor does apply for government death benefits such as the CPP death benefit.

Executors can be paid for their work, under rules that differ by province; how it’s calculated and how to set it in the will is in executor fees in Canada.

Choosing your people

AttorneyExecutor
Basic requirementsAn adult who is mentally capableAn adult in most provinces
Qualities that matterTrustworthy, organized, nearby or able to manage remotely, comfortable with financial recordsOrganized, financially literate, willing to spend months on the role
Common choicesA spouse, adult child, sibling, close friend, or a professionalA spouse or adult child (who can also be a beneficiary), or a trust company for complex or contentious estates
BackupsA substitute attorneyCo-executors (who act together) or an alternate

The same person, or different people?

Many people name the same person to both roles, often a spouse with an adult child as the alternate, because that person already knows their affairs. Others split them: someone living nearby as attorney for personal care, a financially experienced person for property and the estate, or a professional where the family relationships are strained. Naming two people who must act together adds a check on each other but can slow decisions.

When to put each in place

DocumentWhenWhen to review
Continuing power of attorney for propertyOnce you are an adultMarriage, separation, a move to another province, the death of the named attorney
Power of attorney for personal careOnce you are an adultThe same events
Will naming an executorOnce you have assets or dependantsMarriage, separation, children, significant new assets, the death of the named executor