Published on: 18th May 2026

Lasting Powers of Attorney vs a Will: Why You Need Both

When planning for the future, many people assume that making a Will is enough. While a Will is an essential part of estate planning, it only deals with what happens after you die. A Lasting Power of Attorney (LPA), on the other hand, protects you during your lifetime if you become unable to make decisions yourself.

To fully protect yourself and your loved ones, you need both. Understanding the difference between a Will and LPAs—and how they work together—can give you peace of mind that you are covered at every stage of life.

What Is a Will?

A Will is a legal document that sets out your wishes for after your death. It allows you to:

• Decide who inherits your money, property, and possessions
• Appoint guardians for your children
• Choose executors to manage your estate
• Make specific gifts or charitable donations

Your Will only comes into effect once you have passed away. Until then, it has no legal power.

Without a valid Will, your estate is distributed according to the rules of intestacy, which may not reflect your wishes and can result in delays, additional stress, and unintended outcomes for your family.

What Is a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney is a legal document that allows you (the donor) to appoint one or more people you trust (your attorneys) to make decisions on your behalf while you are alive, if you are unable to do so yourself.

There are two types of LPA, and you can have one or both:

1. Property and Financial Affairs LPA

This allows your attorneys to manage things like:

• Bank accounts and savings
• Paying bills and household expenses
• Selling or managing property
• Handling pensions and investments

This LPA can be used with your permission while you still have capacity, or automatically if you lose mental capacity.

2. Health and Welfare LPA

This covers decisions about:

• Medical treatment and care
• Where you live
• Day‑to‑day care and support
• Life‑sustaining treatment (if you choose)

This LPA only comes into effect if you lose mental capacity.

Without an LPA in place, even close family members have no automatic right to make decisions for you.

Key Differences Between a Will and an LPA

In short, a Will protects your estate, while LPAs protect you.

Why a Will Alone Is Not Enough

If you lose mental capacity due to illness, accident, or conditions such as dementia—and you do not have an LPA in place—your loved ones cannot simply step in to help.

Instead, they may need to apply to the Court of Protection for a Deputyship. This process can be:

• Time‑consuming
• Expensive
• Stressful
• Limited in scope

During this time, important financial or care decisions may be delayed.

A Will cannot help in this situation because it has no effect until death.

Why an LPA Alone Is Not Enough

Similarly, LPAs do not replace a Will.

Once you die:

• Your attorneys’ powers end immediately
• Your assets must be dealt with through your Will (or intestacy rules)
• Decisions about inheritance, property, and guardianship are not covered by LPAs

Without a Will, your estate may not go to the people you would have chosen.

Why You Need Both

Having both a Will and Lasting Powers of Attorney ensures full protection:

• During your lifetime: LPAs ensure trusted people can act for you if you lose capacity
• After your death: Your Will ensures your wishes are followed and your estate is managed properly

Together, they:

• Reduce stress for loved ones
• Avoid unnecessary legal costs
• Provide clarity during difficult times
• Give you control over your future

They are complementary documents, not alternatives.

When Should You Put Them in Place?

The best time to put a Will and LPAs in place is before you need them.

• You must have mental capacity to make LPAs
• No one can make one for you once capacity is lost
• Life events such as marriage, buying property, having children, or retirement are all key moments to review your arrangements

Putting these documents in place early gives reassurance that, whatever happens, your affairs are in order.

Final Thoughts

A Will and Lasting Powers of Attorney are two pillars of good estate planning. One without the other leaves gaps that can cause unnecessary worry, expense, and complications for those you care about most.

By having both in place, you are protecting your wishes, your wellbeing, and your loved ones—now and in the future.

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If you wish to give instructions or require general information about our Wills, Lasting Powers of Attorney, or Trusts then we will carry out a telephone or Zoom appointment.

However, if you wish to give instructions to one of our Consultants and you feel that you can only do this at a Face to Face meeting then we are offering, at our Consultant’s discretion, a limited number of Face to Face appointments in most of the areas we normally cover.

To arrange an appointment please telephone 01732 868190 or click here.

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