Many people believe that once they have written their Will, their affairs are fully taken care of. However, while a Will is essential for protecting your wishes after you pass away, it does not provide any legal authority for decisions made during your lifetime.
This is where a Lasting Power of Attorney (LPA) comes in. A Will and an LPA work together to protect you and the people you care about, but they serve very different purposes.
Learn more about LPAs here: Lasting Powers of Attorney
Quick Answer
Yes, you need both. A Will covers what happens after death, while a Lasting Power of Attorney covers decisions made during your lifetime if you lose the ability to make them yourself.
Without an LPA, your family may have to apply to the Court of Protection to make decisions for you — a process that can be slow, stressful and costly.
What a Will Does
A Will ensures your assets, property and possessions are passed on according to your wishes after your death. It:
- Names your beneficiaries
- Appoints your executor(s)
- Sets out funeral and personal wishes
A Will has no legal authority while you are still alive.
What a Lasting Power of Attorney Does
An LPA allows you to appoint trusted people to make decisions for you if you become unable to do so yourself. This could be due to accident, illness, or reduced capacity as you age.
There are two types of LPA in England & Wales:
- Health and Welfare LPA – medical treatment, daily care and living arrangements
- Property and Financial LPA – banking, bills, property, investments and financial management
Learn more information by visiting: Lasting Powers of Attorney
Key Differences Between a Will and an LPA
| Document | When It Applies | What It Covers |
|---|---|---|
| Will | After death | Who inherits your estate and who manages your estate |
| Lasting Power of Attorney | During your lifetime | Who makes decisions about your health and finances if you are unable to |
Table: Why a Will and an LPA perform different roles.
Why You Need Both a Will and an LPA
Together, these documents ensure:
- Your voice is protected while you are alive
- Your wishes are respected after your death
- Your family can act without legal delay or conflict
- Financial and health decisions can be made smoothly when needed
Example Scenario
You are involved in an accident and lose the ability to make decisions. Your Will does nothing in this situation because it only takes effect after death. Without an LPA, your family may need to apply to the Court of Protection to manage your affairs.
With an LPA in place, the people you choose can step in immediately to protect your wellbeing and finances.
When Should You Put an LPA in Place?
The best time to set up an LPA is now — while you are well and capable of choosing who you trust. An LPA can only be created while you still have mental capacity.
Start here: Lasting Powers of Attorney
Frequently Asked Questions
Can I make an LPA and a Will at the same time?
Yes — many people choose to arrange both together as part of a complete estate plan.
Do LPAs expire?
No. Once registered, an LPA remains valid unless revoked.
Can my family make decisions for me without an LPA?
No. Without an LPA, they may need to apply to the Court of Protection.
Need Help Setting Up a Lasting Power of Attorney?
Town & Country Law provides clear, professional guidance to help you create an LPA that protects your wishes and your future.
Book a free consultation.
Call [Insert Phone Number] or visit: Lasting Powers of Attorney