When you think about planning for the future, making a will is often the first thing that comes to mind. After all, a will lets you decide who gets your belongings after you pass away. It’s an important document that provides peace of mind and makes things easier for your loved ones when you’re no longer around.
But have you ever wondered if a will is enough? Or if there’s something else you should consider alongside it? One common question people ask is: “If I have a will, do I still need a Lasting Power of Attorney (LPA)?”
The short answer is yes, you do need both. They are different documents with different purposes, and having both ensures your affairs are protected, no matter what happens.
In this article, I’ll explain what a will is, what an LPA is, how they work together, and why having both is so important for your peace of mind and for those you care about.
What Is a Will?
A will is a legal document that sets out what should happen to your money, property, and belongings after you die. It allows you to:
- Choose who will inherit your assets.
- Name guardians for your children, if you have any.
- Decide how your possessions are divided.
- Appoint an executor, the person who will make sure your wishes are carried out.
You can think of a will as your voice after you’re gone — it guides your family and friends on what you wanted.
But here’s the important thing: a will only comes into effect after your death. This means that while you are alive, even if you become ill or unable to manage your own affairs, your will does not help. This is where a Lasting Power of Attorney comes in.
What Is a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney (LPA) is a legal document that lets you appoint someone you trust — called an attorney — to make decisions on your behalf while you are still alive, but unable to manage your affairs yourself.
For example, if you have a serious accident or become ill and lose the ability to make decisions, your appointed attorney can step in and help with important matters like:
- Managing your money and paying your bills.
- Handling your property, like selling or buying a house.
- Making decisions about your health and welfare, such as medical treatment or where you live.
LPAs give you control over who you want to make these decisions for you, and what powers they have.
Two Types of LPA
There are actually two types of Lasting Power of Attorney, each covering different areas of your life:
1. LPA for Property and Financial Affairs
This type allows your attorney to manage your financial matters. They can pay bills, manage your bank accounts, handle investments, and even sell or buy property on your behalf.
You can choose for this LPA to be used immediately if you want, or only once you lose mental capacity. This might be useful if you plan to be away for a long time or expect to need help managing your finances.
2. LPA for Health and Welfare
This type covers decisions about your personal care and medical treatment. Your attorney can decide things like:
- Where you live (for example, whether you should stay at home or move to a care home).
- Your day-to-day care and support.
- What medical treatment you receive, including life-saving decisions (but only if you give them permission).
This LPA only comes into effect when you have lost the mental capacity to make these decisions yourself.
Why Do You Need Both a Will and an LPA?
Now you know what a will and an LPA are, you might wonder why you need both.
Think of it this way:
- Your will looks after your affairs after your death.
- Your LPA looks after your affairs while you are alive but can’t manage things yourself.
If you only have a will, it won’t help your loved ones if you suddenly become incapacitated. They won’t be able to manage your money or make health decisions for you. This can cause unnecessary stress and delays in getting things done.
If you only have an LPA but no will, your attorney can manage your affairs while you’re alive, but once you die, your estate will be handled according to the law, not your wishes. This means the government decides who gets what, and this might not be what you wanted.
What Happens If You Don’t Have an LPA?
Without an LPA, even your closest family members or spouse don’t have automatic legal rights to manage your financial or health matters if you lose capacity. This can create serious problems:
Managing Money Without an LPA
If you lose mental capacity and have no LPA for property and affairs, no one can legally manage your bank accounts, pay your bills, or sell your home. This means:
- Your bills might go unpaid.
- Your mortgage or rent might fall behind.
- Your household could be at risk.
To gain permission to manage your finances, a family member must apply to the Court of Protection to become a Deputy. This is a legal process that can take months, and it can be expensive. Plus, the court decides who can manage your affairs, which might not be the person you would have chosen.
Decisions About Your Health and Care Without an LPA
If you have no LPA for health and welfare, healthcare professionals and social workers will make decisions based on what they think is best for you. But they won’t necessarily know your preferences or values.
Having an LPA lets you appoint someone who understands your wishes and can advocate for you. This reduces the chance of unwanted treatments or decisions being made.
What Happens If You Have a Will but No LPA?
Having a will is fantastic — it protects your estate and ensures your wishes are clear after you die.
However, if you become ill or injured and can’t make decisions, your will doesn’t help your family manage your affairs or make decisions for you while you are still alive.
Without an LPA, your loved ones face the difficulties described above — applying to the Court of Protection to manage your money or make health decisions for you, which can be stressful, slow, and costly.
What Happens If You Have an LPA But No Will?
It’s less common, but possible, to have an LPA but no will. In this case, your attorney can manage your affairs while you’re alive but once you pass away, your estate will be dealt with according to the laws of intestacy.
This means:
- Your property and money will be distributed based on a fixed legal formula.
- Your closest relatives will usually inherit, but not always in the way you want.
- If you want to leave money or belongings to friends, charities, or organisations, this won’t happen without a will.
- Your attorney will have no say in how your estate is divided.
Common Misunderstandings About Wills and LPAs
Many people believe that a will automatically covers power of attorney, or that naming someone as a beneficiary means they can manage their affairs. This isn’t true.
- A will only applies after you die.
- An LPA only applies while you are alive and can’t make decisions.
- They are two separate legal documents with different purposes.
If you want someone to look after your finances or health decisions when you’re unable to, you must have an LPA in place.
Who Should You Appoint as Your Attorney?
Choosing who will be your attorney is an important decision. You want to appoint someone you trust, who understands your wishes, and who will act in your best interests.
- Often, people appoint close family members or friends.
- You can appoint more than one attorney to act together or separately.
- You can also name replacement attorneys if the first person can’t act.
- For financial LPAs, if you don’t have a trusted family member or friend, you can appoint a professional, such as a solicitor or accountant, although this may come with additional costs.
When Should You Set Up an LPA?
It’s a good idea to set up an LPA while you are healthy and able to make decisions. The process can take several months, so don’t wait until it’s urgently needed.
Planning ahead means your loved ones will be prepared, and you will have peace of mind knowing your affairs will be managed according to your wishes if you become unable to handle them yourself.
Summary: Why You Need Both a Will and a Lasting Power of Attorney
| Will | Lasting Power of Attorney |
| Comes into effect after death | Comes into effect during your lifetime |
| Decides who inherits your estate | Lets someone manage your affairs if incapacitated |
| Names an executor for your estate | Names attorneys to act on your behalf |
| Protects your wishes after death | Protects your wishes while alive but incapacitated |
Final Thoughts
Having a will is a very important step in planning for your future and protecting your loved ones. But a will alone isn’t enough. You also need a Lasting Power of Attorney to ensure that if you become unable to make decisions for yourself, the people you trust can step in and manage your finances and health matters for you.
By setting up both, you protect your estate, your health, and your peace of mind. You also make things easier for your family and friends during what can be very difficult times.
If you don’t have an LPA yet, or if you’re unsure whether you need one, speak to a legal professional who can guide you through the process and help you make the right decisions for your circumstances.
