When it comes to planning for the future, most people immediately think of writing a Will. It’s often viewed as the essential legal document that protects your estate and ensures your wishes are followed after death. But there’s another crucial document that’s frequently overlooked: the Lasting Power of Attorney (LPA). In fact, depending on your circumstances, an LPA could be even more important than a Will.

We often meet clients who have been encouraged and rightly so to make a Will, but who haven’t even considered making an LPA. The truth is, both documents serve very different purposes. One plans for your death; the other protects your life.

So, should you make a Will or an LPA first? The answer is: ideally both, but if you had to choose, there’s a strong case for starting with an LPA.

What’s the Difference Between a Will and an LPA?

  • A Will outlines what happens to your estate (money, property, belongings) after you die. It appoints executors to carry out your wishes and can also name guardians for young children.
  • A Lasting Power of Attorney is a legal document that allows you to appoint trusted individuals (attorneys) to make decisions on your behalf if you lose mental capacity during your lifetime. There are two types: one for Property and Financial Affairs, and one for Health and Welfare.

Why might an LPA be more urgent than a Will?

Think about this: a Will only becomes relevant after your death. An LPA, on the other hand, ensures your affairs are managed if you lose the ability to make decisions while you’re still alive, due to illness, accident, or age-related conditions like dementia.

And here’s the catch: you can only make an LPA while you still have mental capacity. Once that’s gone, it’s too late.

Without an LPA in place, your loved ones could face a lengthy and expensive process of applying to the Court of Protection to manage your finances or make health decisions for you. It’s a stressful and bureaucratic situation that many families aren’t prepared for.

Common misconceptions we hear

  • “I don’t need an LPA – I’m still young.”
    Mental incapacity can strike at any age. A car accident, stroke or serious illness could leave you unable to manage your own affairs.
  • “My spouse can automatically make decisions for me.”
    Unfortunately, no. Without an LPA, even your spouse doesn’t have the automatic right to access your bank accounts, make decisions about your care, or manage your bills.
  • “A Will is enough.”
    A Will doesn’t help if you become incapacitated. LPAs are the only way to ensure your wishes are respected while you’re still alive.

Why everyone needs both

Wills and LPAs work together to give you full control over your affairs – both in life and after death.

  • An LPA gives peace of mind that someone you trust can step in when you need them most.
  • A Will ensures your estate passes according to your wishes, not the intestacy rules.

At Lewis Denley, we recommend that all our clients put both documents in place, and we can guide you through the process from start to finish.

Changing the conversation around Wills and LPAs

The legal world has long focused on the importance of having a Will and that message has been heard. But we believe it’s time to elevate the LPA to its rightful place in the conversation.

Let’s stop seeing LPAs as optional or “something to sort out later.” They’re a vital part of responsible planning – just like a Will.

Ready to Take the Next Step?

If you’d like advice on whether a Will or LPA should be your first priority, or help putting both in place – our Private Client team is here to help.

We offer friendly, professional guidance and transparent pricing, so you can take control of your future with confidence.