The simple answer is yes! Many people mistakenly believe that having a Will means they don’t need a Lasting Power of Attorney (LPA), but this is far from the truth. While having a Will is an important step in ensuring your wishes are carried out following your death, it does not provide protection during your lifetime. This is where a Lasting Power of Attorney becomes essential.

The role of a Will and Lasting Power of Attorney

Both a Will and an LPA allow you to designate someone the legal right to manage your affairs, but they serve different purposes and take effect at different times.

  • A Will comes into effect on your death and deals with matters such as the distribution of your estate, guardianship of children, and the appointment of Executors who will be responsible for carrying out your wishes. However, a Will does not allow anyone to manage your affairs during your lifetime. Your Executors cannot act until your death.
  • A Lasting Power of Attorney, on the other hand, an LPA is a legal document that takes effect during your lifetime and remains valid until your death. It allows you to appoint someone you trust to manage your affairs and make decisions on your behalf during your lifetime, in the event you are unable to do so yourself due to illness, injury, or incapacity. The person you appoint is known as your “attorney”; and they can act on your behalf and make decisions in respect of your health and welfare, and financial and property matters. You must have both types of LPAs in place for your attorney to be able to deal to act on both matters.

There is no overlap between a Will and an LPA, as they operate at different stages of your life.

Why you cannot appoint an attorney in your Will
It’s important to understand that you cannot appoint an attorney in your Will or use it as a way to grant someone the authority to manage your affairs or make decisions on your behalf during your lifetime. For example, if you were to experience a sudden accident or a long-term medical condition that rendered you incapacitated, your partner, children, or family members, would not automatically be able to step in to manage your affairs and make decisions for you, even if they are named as Executors in your Will.

In the event you become incapacitated, without an LPA in place, your loved ones would have no legal authority to act on your behalf, instead, they would have to apply to the Court of Protection for a Deputyship Order, a lengthy and expensive process that can take months to complete. During this time, no one would have the legal authority to manage your affairs or make decisions for you; except for medical professionals, who would be responsible for making decisions in respect of any medical treatment.

Why you need both a Will and an LPA
It is crucial to have both a Will and an LPA in place to ensure your affairs are properly managed, both during your lifetime and after your death. While it is hoped that an LPA will never be needed, it serves as an important safeguard, much like insurance. Once in place, you can be confident that it will be there if required, should you become unable to manage your affairs or make your own decisions due to mobility, illness, or incapacity.

A Lasting Power of Attorney is essential for everyone, regardless of age, as no one can predict the future. It is important to create an LPA as soon as possible, to ensure someone can step up immediately if the circumstance arises where they need too.

How we can help
At Lewis Denley Solicitors, we strongly encourage everyone to consider both a Will and an LPA as part of their future planning. We are here to help ensure that your wishes are protected and respected, both during your lifetime and after your death. By putting an LPA in place, you provide peace of mind that your loved ones will have the legal authority to act on your behalf if needed—without unnecessary delays or legal hurdles.

Let us help you ensure that both your lifetime and your estate are managed according to your wishes.