Planning for the future means looking after both your affairs and your loved ones. A will ensures your wishes are followed after you pass away, while a Lasting Power of Attorney (LPA) lets someone you trust make decisions if you’re unable to. In this guide, we explain the differences between the two, why both may be necessary, and what happens if you only have one.
What is a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney (LPA) is a legal document that lets you choose someone you trust to make decisions for you if you are no longer able to do so. This could happen due to illness, injury, or old age. There are two types of LPA, covering different areas of your life:
Health and welfare LPA: Gives your chosen attorney(s) the power to make decisions about your medical treatment, care, and end-of-life choices if you lose mental capacity.
Property and financial affairs LPA: Allows your attorney(s) to manage your finances, property, and legal matters, including paying bills, handling investments, and selling property if necessary.
💡 Editor’s insight: “While you can set up an LPA yourself, working with a Lasting Power of Attorney solicitor can help ensure the document is legally sound, properly registered, and reflects your wishes accurately.”
If you have a will, do you still need an LPA?
Yes, because a will and a Lasting Power of Attorney (LPA) do very different things. A will sets out what happens to your money, property, and possessions after you pass away. An LPA makes sure someone you trust can make decisions for you while you're still alive, if you ever lose the ability to do so due to illness, injury, or old age.
Without an LPA, even your closest family members won’t automatically have the right to manage your finances or make care decisions on your behalf. Instead, they may have to apply for a Deputyship Order, which is costly, time-consuming, and stressful. Setting up an LPA in advance ensures your affairs are handled by someone you’ve chosen, without unnecessary delays or complications.
What happens if you have a will but no LPA?
If you do not have an LPA and you lose mental capacity:
Your family cannot automatically access your finances: Even if they are your closest relatives, they will not be able to pay your bills, access your bank accounts, or manage your financial affairs without legal permission.
They may need to apply to the Court of Protection: To take control of your finances, loved ones may have to apply for a Deputyship Order, which is expensive, time-consuming, and stressful.
Health and care decisions may be made by professionals: Without a health and welfare LPA, doctors and social services may make key decisions about your medical treatment and care instead of a trusted family member or friend.
Can a will be changed by an LPA?
No, an attorney appointed under a Lasting Power of Attorney (LPA) cannot change a will. Their role is to manage the donor’s finances and welfare decisions while they are alive, but they have no power to alter the donor’s will. Once the donor passes away, the LPA immediately ends, and the executor of the will takes over to distribute the estate according to the donor’s wishes.
What’s more important, a will or an LPA?
They’re both important, but for different reasons. A will ensures your money, property, and belongings go to the right people after you pass away. A Lasting Power of Attorney (LPA) lets someone you trust make financial or healthcare decisions for you while you’re still alive, if you ever lose mental capacity.
Without a will, your estate could be divided according to UK intestacy laws - not necessarily how you’d want. Without an LPA, your loved ones won’t automatically be able to manage your finances or make medical decisions for you. Having both means you’re covered for whatever the future holds.
Top tips for wills and powers of attorneys (POAs)
Making sure your wishes are followed starts with getting the legal details right. Here’s how to keep everything smooth and stress-free:
1. Put both in place (sooner, rather than later)
A will protects your wishes after you’re gone, while an LPA ensures someone you trust can act on your behalf if needed. Setting them up now means no last-minute complications.
2. Name backups in case your first choice can’t act
Life is unpredictable. Having replacement executors (for your will) and attorneys (for your LPA) means you’re still covered if your first choice isn’t available.
3. Register your LPA with the Office of the Public Guardian (OPG)
An LPA isn’t valid until it’s registered with the Office of the Public Guardian. Registration can be lengthy, so it’s best to sort it early rather than wait until it’s urgently needed.
4. Get professional legal advice
Mistakes in a will or LPA can lead to delays, disputes, and unnecessary costs. A solicitor can make sure your documents are legally sound and reflect exactly what you want.
FAQs
Can my attorney under an LPA also be the executor of my will?Â
Yes, but their roles only overlap if they are the same person. An attorney under an LPA makes decisions while you are alive, whereas an executor of a will distributes your estate after you pass away.
Can an attorney access my will?Â
Yes, but only if it is necessary to carry out their role. For example, an attorney under a financial LPA may need to check whether you have left any instructions regarding property disposal.
What happens if I don’t have a will or an LPA?Â
Without a will, your estate will be distributed under intestacy laws, which may not align with your wishes. Without an LPA, your loved ones may struggle to manage your affairs if you lose capacity.
Final thoughts
Planning ahead isn’t just about what happens after you’re gone - it’s also about making sure your wishes are followed while you’re still here. A will ensures your assets go to the right people, while a Lasting Power of Attorney (LPA) gives someone you trust the legal power to act on your behalf if you ever lose the ability to make decisions.
Without both in place, your loved ones could face complicated legal hurdles at an already difficult time. Setting up a will and an LPA now means you stay in control of your future, no matter what happens. For extra peace of mind, getting professional legal advice from a will solicitor can help ensure everything is set up properly and reflects your wishes.