Information & Resources

A lot of people assume that if they’ve named someone in their Will — a partner, an adult child, a close relative — that person will automatically be able to step in and make decisions for them if they lose capacity.
 

That isn’t how the law works in the UK.
 

A Will only takes effect after you die.
A Lasting Power of Attorney (LPA) only works while you’re alive.
 

You need both if you want full protection.

 

Will vs Power of Attorney: what’s the difference?

• Says what happens to your money, property and possessions after your death
• Appoints executors to carry out your wishes
• Can provide for children, partners, charities, etc.
• Has no effect while you’re alive

• Says who can make decisions for you while you’re still alive but can’t make them yourself
• Is used if you lose mental capacity, become very unwell, or are temporarily unable to manage things
• Stops automatically when you die
• Does not get created automatically just because you wrote a Will

Why isn’t Power of Attorney included in a Will?

Because they do different legal jobs, they’re separate legal documents.

Even if it “makes sense” to you that your spouse or main beneficiary should make decisions for you, that won’t stand up if a bank, doctor, or court asks for proof. They need to see a registered LPA (or, without one, your family may have to go to the Court of Protection).

 

Types of Lasting Power of Attorney

In England and Wales there are two main LPAs:

1. Property and Financial Affairs LPA

   • Lets someone you choose manage money, bills, bank accounts, home, pensions, selling property

2. Health and Welfare LPA

   • Lets someone make medical/care decisions, where you live, sometimes life-sustaining treatment decisions

 

What happens to Power of Attorney when you die?

It ends.

• Your attorney can’t use your LPA after death

• They can’t change your Will

• They can’t make a new Will for you

• After death, the people who have authority are your executors (the ones named in your Will)

Can an attorney change my Will?

No — not without the court.

Attorneys must follow the Mental Capacity Act and act in your best interests, but they can’t rewrite your Will. If someone has lost capacity and doesn’t have a valid Will (or needs to update it), there’s a route via the Court of Protection for a statutory Will — but that’s formal and not automatic.

 

Do I really need both?

For most people: yes.

• Will → controls who gets what when you die

• LPA → controls who decides if you can’t decide for yourself

Having a Will without an LPA can leave your family stuck if you’re alive but unable to manage things.
Having an LPA without a Will can leave confusion about where your money goes after death.

 

What if I don’t have anyone to appoint?

You can still make a Will.
For Power of Attorney, you can:

• appoint more than one attorney to act together

• appoint a replacement attorney

• in some cases, use a professional — but that has costs

 

Key points to remember

• A Will does not include a Power of Attorney

• A Power of Attorney stops when you die

• Your attorney can’t change your Will

• If you want someone to manage things while you’re alive and to inherit after you die, set up both a Will and an LPA

• Doing them at the same time usually gives the clearest, most consistent instructions