At A.D.E. Wills, people often ask us if they can appoint someone in their Will to make decisions for them. This common question is why we want to explain the differences between Wills and Lasting Powers of Attorney (LPAs), and why most adults benefit from having both.
In short, the Will vs LPA difference is about timing: a Will works after you die, while an LPA works during your lifetime.
What is a Will?
A Will takes effect only after you die. It sets out who inherits your estate, names your executors and can appoint guardians for children under 18. However, many people mistakenly believe a Will can also authorise someone to act for them if they lose mental capacity during their lifetime. It cannot.
What are Lasting Powers of Attorney?
An LPA works during your lifetime. It allows you to appoint one or more attorneys to make decisions for you if you become unable to make them yourself. This could follow an illness, an accident or a condition such as dementia.
There are two types of Lasting Powers of Attorney:
- Property and Financial Affairs LPA: your attorneys can manage your money, bills, bank accounts and property. Once registered, you can let your attorneys use this LPA while you still have mental capacity, but only with your consent.
- Health and Welfare LPA: your attorneys can make decisions about your medical care, where you live and your daily routine. Unlike the financial LPA, this one can only be used when you lack the capacity to make the decision yourself.
Registration comes first
An LPA must be made while you still have mental capacity. Also, it cannot be used until the Office of the Public Guardian (OPG) has registered it. The OPG fee is £92 per LPA (since 17 November 2025), and registration currently takes around 8 to 10 weeks. So it makes sense to put LPAs in place well before they might be needed. GOV.UK explains the process on its power of attorney page.
The key difference between a Will and an LPA
Timing sets these documents apart. A Will takes effect after death, while Lasting Powers of Attorney work during your lifetime if you cannot make decisions. Both play an important part in planning ahead.
Why you need both
For example, imagine losing mental capacity after an accident or illness. Without an LPA, your family might struggle to manage your finances or speak up about your care. Your Will cannot help in this situation, because it only applies after your death.
Conversely, LPAs without a Will might mean your estate passes under the intestacy rules rather than to the people you choose. This could cause family disputes and hardship for your loved ones.
What happens if you do not have an LPA?
Without an LPA, if you lose mental capacity, a family member or friend may need to apply to the Court of Protection to become your deputy. This process is often slow, expensive and stressful. In addition, the court decides who is appointed, and a deputy is supervised by the OPG on an ongoing basis.
Taking action
Understanding these differences helps keep your affairs in order during your life and after it. We prepare both Wills and Lasting Powers of Attorney for a fixed fee, shown on our LPAs Pricing page and our Wills Pricing page.
To talk about a Will, LPAs or both, call 01865 507174 or email info@adewills.co.uk. You can also read more about our LPA service.
