LPA vs Will: Why You Need Both (And They're NOT the Same)

LPA vs Will: The Crucial Difference

One of the biggest misconceptions in legal planning is that a Will covers everything. It doesn't. In fact, a Will and a Lasting Power of Attorney (LPA) serve completely different purposes—and you almost certainly need both.

The Simple Difference

• A Will: Takes effect AFTER you die. Controls who inherits your assets.
• An LPA: Takes effect WHILE you're alive. Allows someone to manage your affairs if you can't.

Think of it this way: your Will is useless if you're alive but incapacitated. Your LPA is useless after you've died.

Why a Will Can't Replace an LPA

Scenario: Dad Has a Stroke

John's father had a comprehensive Will, leaving everything to his children equally. Then Dad had a stroke and lost capacity.

What the family discovered:

• The Will couldn't help—Dad was still alive
• Nobody could access Dad's bank accounts
• The mortgage payments couldn't be made
• They couldn't sell his house to pay for care
• They had to apply to the Court of Protection (cost: £5,000+, time: 8 months)

With an LPA: John could have managed Dad's finances immediately.

What a Will Does

A Will controls what happens after death:

• Who inherits your property
• Who receives your savings and possessions
• Who looks after your children
• Who manages your estate (executor)
• Any specific gifts or wishes

Key limitation: A Will has NO power while you're alive.

What an LPA Does

An LPA controls what happens if you lose mental capacity while alive:

• Who manages your bank accounts
• Who pays your bills
• Who makes healthcare decisions
• Who decides where you live
• Who speaks to doctors on your behalf

Key limitation: An LPA has NO power after you die.

The Four Scenarios

Scenario

Will Helps?

LPA Helps?

You die suddenly	Yes	No
You develop dementia	No	Yes
You're in a coma after accident	No	Yes
You die after period of incapacity	Both needed

The Most Common Scenario

Most people don't die suddenly. They go through a period—sometimes years—where they need help managing their affairs before they pass away.

This is exactly what an LPA is for.

Why You Need BOTH Documents

Reason 1: They Cover Different Time Periods

Your life has three potential phases:

Healthy and capable - You manage everything yourself

Alive but incapacitated - LPA needed

After death - Will needed

Without both documents, phase 2 becomes a legal nightmare.

Reason 2: Different People May Be Involved

Your executor (Will) and your attorney (LPA) can be different people:

• Executor: Handles your estate after death—often a child or solicitor
• Attorney: Makes decisions while you're alive—often a spouse or partner

You might want your spouse as attorney (day-to-day decisions) but your adult child as executor (one-time estate administration).

Reason 3: Court of Protection is Expensive

Without an LPA, your family must apply for deputyship through the Court of Protection:

• Application fee: £371
• Legal costs: £2,000-5,000+
• Court assessment costs
• Annual supervision fees
• Total first year: £3,000-10,000+
• Time: 4-12 months

An LPA costs £74-140 + £82 registration.

Reason 4: You Choose Who Decides

With an LPA, YOU choose your attorney while you have capacity.

Without an LPA, the COURT chooses your deputy. It might not be who you'd have chosen.

Common Misconceptions

"My spouse can handle everything anyway"

False. Without an LPA, your spouse cannot:

• Access your sole bank accounts
• Sell property in your name
• Make decisions about your care
• Sign legal documents on your behalf

Marriage gives surprisingly few automatic rights.

"My children can sort it out"

False. Your children have no automatic legal authority over your affairs. They'd need to apply to the Court of Protection.

"I've got a joint account, so I'm fine"

Partial. Joint accounts help with shared expenses, but:

• Your individual accounts are still locked
• Investments in your name are inaccessible
• Property decisions still need authority
• Healthcare decisions aren't covered

"The bank will let my family help"

False. Banks are bound by strict rules. Without proper legal authority (LPA or court order), they cannot let anyone access your accounts—no matter how sympathetic the situation.

"I'm too young for all this"

False. Accidents and illness don't discriminate by age. A 30-year-old in a car accident needs an LPA just as much as a 70-year-old with dementia.

What About Power of Attorney in My Will?

Some people think they've "included power of attorney in their Will." This is a fundamental misunderstanding.

A Will cannot grant power of attorney. They are separate legal documents with different:

• Registration processes
• Legal frameworks
• Purposes
• Timing

If a solicitor created your Will, ask them specifically about LPA. They're not the same thing.

Creating Both Documents

The Ideal Approach

Create your Will - Decide who inherits and who administers your estate

Create your LPAs - Decide who manages affairs if you're incapacitated

Review both regularly - Update after major life changes

Cost Comparison

Document

DIY

Online Service

Solicitor

Will	Free	£30-90	£150-500
LPA (single)	Free	£74	£300-600
LPA (both types)	Free	£140	£500-1,000
OPG Registration	£82/LPA	£82/LPA	£82/LPA

Total for complete protection:

• Online services: £74-230 + £164 registration = £238-394
• Solicitor: £450-1,500 + £164 registration = £614-1,664

Order of Priority

If you can only afford one right now:

Get the LPA first.

Why? You can always write a basic Will yourself (even handwritten Wills can be valid). But you cannot create your own deputyship if you lose capacity. An LPA is the only way to avoid the Court of Protection.

The Two Types of LPA (Both Different from a Will)

Property & Financial Affairs LPA

• Bank accounts and savings
• Paying bills
• Property decisions
• Investments
• Benefits claims

Health & Welfare LPA

• Medical treatment decisions
• Care arrangements
• Where you live
• Daily routine
• Life-sustaining treatment (if specified)

A Will covers neither of these areas.

Real-World Example

The Johnson Family

Margaret Johnson had a solicitor-prepared Will leaving everything to her three children equally. Five years later, she developed Alzheimer's.

The problems:

• Nobody could manage her bank accounts
• Her house needed repairs—no one could authorise them
• Care home fees needed paying—accounts were frozen
• Family argued about who should apply for deputyship
• Court of Protection process took 7 months
• Legal fees exceeded £6,000
• Family relationships suffered

Her Will was perfect. But her Will was useless.

If Margaret had spent £140 on two LPAs when she made her Will, all of this would have been avoided.

Action Steps

If You Have a Will But No LPA

You're half-protected. Your estate is sorted, but you're vulnerable during your lifetime.

Action: Create LPAs now while you have mental capacity.

If You Have Neither

You're unprotected on both fronts.

Action: Start with LPAs (more urgent), then create a Will.

If You Have LPA But No Will

Your lifetime is protected, but your estate will follow intestacy rules (government decides who inherits).

Action: Create a Will to ensure your wishes are followed.

If You Have Both

Well done. Review them every 3-5 years or after major life changes (marriage, divorce, children, house purchase).

Summary

Feature	Will	LPA

When it works	After death	During life (if incapacitated)
What it controls	Inheritance	Decision-making
Who benefits	Your heirs	You
Without it	Intestacy rules apply	Court of Protection needed
Can replace the other?	No	No

The bottom line: A Will and an LPA are complementary documents. Neither can replace the other. For complete protection, you need both.

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