Lasting Power of Attorney vs a will: the difference, plainly

We are asked this question almost every week. The short version: a will takes effect after you die. A Lasting Power of Attorney (LPA) takes effect during your lifetime, so that someone you trust can act for you on financial or welfare matters. They do different jobs at different moments and the existence of one does nothing to substitute for the other.

What a will does

A will under the Wills Act 1837 directs what happens to your estate — your money, property and possessions — after your death. It appoints executors to administer the estate, names guardians for any minor children, and sets out the gifts and the residue. It has no effect at all while you are alive. It cannot be used to manage your bank account during a hospital stay, to consent to medical treatment, or to sell your house if you can no longer do so yourself.

What a Lasting Power of Attorney does

An LPA is a separate legal document, registered with the Office of the Public Guardian, that lets you appoint one or more 'attorneys' to make decisions for you while you are alive. There are two distinct types and they work differently. A Property and Financial Affairs LPA (covering bank accounts, bills, property, pensions) can be used by your attorneys as soon as it is registered, with your permission, even while you still have full capacity — useful if you are abroad, in hospital, or simply want help managing things. A Health and Welfare LPA (covering medical treatment, care arrangements, end-of-life decisions) can only be used once you have lost capacity to make the decision in question yourself. You can make either, or both. Both must be created while you have capacity; you cannot make one once you have lost it.

When you create the Property and Financial Affairs LPA you can choose to restrict it so that it, too, only kicks in on loss of capacity — many people do. The point is that you have the choice.

Why having only a will is a partial answer

If you become incapacitated without an LPA in place, your family cannot simply step in. They will need to apply to the Court of Protection to be appointed as a 'deputy' — a process that typically takes six to nine months, costs several hundred pounds in fees, and is then followed by ongoing supervision and reporting. During those six to nine months, your bills still need to be paid and your care still needs to be arranged. A registered LPA avoids that gap entirely.

Why having only an LPA is a partial answer

An LPA dies with you. The moment you die, your attorney's authority ends. From that point forward, only your executor — appointed by your will — can act on the estate. If you die without a will, the rules of intestacy apply (see our intestacy guide), and the people you would have wanted to inherit may not.

What Velati does and does not do

Velati builds wills. We do not, today, offer Lasting Powers of Attorney. We mention LPAs in the questionnaire and on the review screen because we think it is irresponsible to write someone a will without flagging the gap. The Office of the Public Guardian runs a competent, low-cost online LPA service at gov.uk; for most people it is the right route. We may add an LPA flow in future, but only if we can do it as carefully as we do the wills.

When to do them

Both should be in place by the time you have any of: a partner you want to provide for, minor children, a property, savings of consequence, or a serious health concern. In practical terms, that is most adults over thirty. There is no benefit in waiting. Capacity is presumed until lost; once lost, it is too late for the LPA, and the will becomes much harder to change.

A note on this guide

This article is general information about how wills and Lasting Powers of Attorney work in England & Wales. It is not personal legal advice. If your situation is unusual — significant overseas assets, a contested family, a business interest, or a degenerative diagnosis — speak to a private-client solicitor regulated by the Solicitors Regulation Authority. The Law Society's 'Find a Solicitor' service is the standard starting point.