Do I really need an LPA and a Will?
This is something our private client team is asked quite often. While having an up-to-date Will in place is important, it can sometimes lead to a false sense of security about who is protected and when.
A Will is a powerful document, but its purpose is to direct what happens to your estate after you die. It does nothing to protect you or your family while you are still alive.
That gap, between making a Will and the day it eventually takes effect, is precisely what a Lasting Power of Attorney is designed to cover.
In this blog, our private client team looks at why a Will alone is often not enough, revisits what an LPA does, and the practical problems that can arise when families assume one document covers everything.
What a Will Does, and What It Does Not
A Will sets out how you want your assets distributed after your death. It allows you to name executors, appoint guardians for young children, leave gifts to family, friends, or charities, and direct what happens to your home, savings, business, and personal belongings. Without a valid Will, your estate passes under intestacy rules, which may produce very different results from what you would have chosen. Read our blogs, ‘Why It’s Important to Have an Up-to-Date Will’ and ‘What Are the Intestacy Rules?’, which highlight some of these issues in more detail.
However, a Will cannot authorise anyone to act on your behalf during your lifetime. A Will cannot give your spouse permission to access your bank account if you are in hospital or lose mental capacity. Nor can it allow your partner or children to make certain decisions about your medical treatment or care. A Will also cannot provide anyone authority to manage your property, finances, or daily care if you are unable to make those decisions for yourself.
A Will only comes into effect when you die, but LPAs are for while you are still alive. An important factor to remember.
Where an LPA Fits In
A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more people, known as attorneys, to make decisions on your behalf if you can no longer make them yourself. There are two main types of LPA:
- A Property and Financial Affairs LPA: this allows one or more attorneys to manage bank accounts, property, pensions and bills. Once registered, it can be used with your permission while you have capacity or relied upon by your attorneys if you lose it.
- A Health and Welfare LPA: this covers decisions about your medical treatment, the care you receive, decisions about daily routines, where you live, and, if you choose, whether life-sustaining treatment is given. It can only be used once you have lost capacity.
Both LPAs must be registered with the Office of the Public Guardian before they can be relied upon, and the registration usually takes several weeks. Crucially, an LPA can only be made while you still have mental capacity.
Read our previous articles, which cover ‘Why You Need a Solicitor to Make a Power of Attorney’ and the ‘Benefits of a Business Lasting Power of Attorney ‘
Why Only Having a Will Leaves a Serious Gap
Planning for the end of your life is an uncomfortable thought, which is one of the leading reasons why most people put off drafting a Will. Often, even more remote or difficult to face than the idea of death itself is the prospect of losing mental capacity or suffering a serious injury or illness while you are still alive.
This is the reason LPAs are often overlooked, with a guide published by the Office of the Public Guardian highlighting that “40% of people who say they are not interested in LPA don’t think they’ll lose capacity, don’t care, or don’t want to tempt fate”. Access the guide here: LASTING POWERS OF ATTORNEY – THE IMPORTANCE OF MAKING THE RIGHT CHOICE.
Strokes, dementia, brain injuries, and other serious illnesses can all leave a person unable to manage their own affairs. This sometimes happens suddenly and without warning. Alzheimer’s Society research highlights that the number of people in the UK living with dementia is rising steadily, with the risk increasing sharply with age, but capacity can be lost at any stage of life and for many reasons.
If you lose capacity without having an LPA in place, your family has no automatic right to step in, which includes your spouse or children.
The only route left is to apply to the Court of Protection for the appointment of a deputy. That process is lengthy, expensive (sometimes more than five times the cost of setting up an LPA), and supervised on an ongoing basis. There is no guarantee who will be appointed as your deputy, and they may not be the person you would have chosen. Court of Protection disputes are also common, with disagreements between family members about who should be appointed to make decisions for you. You can read more on our Court of Protection and Deputyship page.
Should You Choose Between a Will and an LPA?
A Will and an LPA are equally important as they serve entirely different purposes. Try to think of them as complementary documents, not alternatives. A Will protects your wishes after your death, and the LPA protects your interests during your lifetime.
If you have already drafted your Will, the most useful next step is to consider putting an LPA in place. If your Will is over five years old or your circumstances have changed through marriage, divorce, bereavement, retirement or a significant change in your assets, it is also worth booking a review of your Will at the same time.
Supporting You in Planning for the Future
At Bowsers Solicitors, we help individuals, families, and business owners across Cambridgeshire, Norfolk, and Lincolnshire with estate planning and later-life estate planning. Whether you are proactively making arrangements or responding to changing circumstances, our experienced private client team can help. We will guide you through the available options, including Wills, Trusts, and LPAs, helping you to make informed decisions about protecting your estate.
We have extensive experience in this area and will offer advice in simple terms, ensuring that you understand the process and intended outcomes.
Our team provides a joined-up approach and can advise you in relation to:
- Wills – ensuring your estate is distributed according to your wishes
- Lasting Powers of Attorney (LPAs) – appointing trusted individuals to make decisions on your behalf
- Court of Protection & deputyship matters – where decisions need to be made for someone who lacks capacity
- Trusts – protecting assets and managing wealth effectively
- Estate planning – to organise your estate in a tax-efficient manner.
By coordinating these services, we help ensure your arrangements are comprehensive and consistent.
Solicitors in Wisbech and March
If you already have a Will and want to talk through whether an LPA is the right next step, we will be pleased to help. Contact our experienced team today on 01945 583194 (Wisbech) or 01354 652606 (March), or email reception@bowsers.co.uk. Alternatively, you can fill in our contact form.
