A Will and Lasting Power of Attorney: The Difference

A will is a legal document that takes effect only after you die. It appoints executors to administer your estate, sets out who inherits your property, money and possessions, and can name guardians for children under 18. Until you die, a will has no legal effect at all and can be changed or revoked at any time, provided you have the necessary capacity.

Because a will only operates after death, it cannot help with decisions that need to be made while you are alive but unable to manage them yourself, for example if you become seriously ill or lose capacity through illness or injury. That gap is exactly what a lasting power of attorney is designed to fill.

A lasting power of attorney, or LPA, is a legal document made under the Mental Capacity Act 2005 that lets you appoint one or more people, known as attorneys, to make decisions on your behalf while you are alive, if you lose the mental capacity to make those decisions yourself, or in some cases even while you still have capacity but want help.

There are two separate types: a property and financial affairs LPA, which covers things like bank accounts, bills and selling property, and a health and welfare LPA, which covers medical treatment and care decisions and only takes effect once you have lost capacity. You can make one or both, and they must be registered with the Office of the Public Guardian before they can be used.

A lasting power of attorney automatically ends on death. From that point, an attorney has no authority at all, and any dealings with your estate become the responsibility of your executors under your will, or, if you did not leave a will, whoever is entitled to administer your estate under the intestacy rules.

This is a common point of confusion. Families sometimes assume that because someone was managing a relative's finances under an LPA, they can simply continue doing so after death, but this is not the case; a grant of probate or letters of administration is needed instead, and the attorney's role ends the moment death occurs.

Yes, and it is common for people to choose the same trusted person, often a spouse, adult child or close relative, for both roles, since they will already be familiar with the person's affairs. There is no legal requirement for this, however, and you are free to choose different people for each role if that suits your circumstances better.

What matters most in both cases is trust and capability: an attorney needs to manage your affairs responsibly and in your best interests while you are alive, and an executor needs to administer your estate accurately and fairly after you die. See our guide on choosing an executor if you are weighing up who to appoint.

Relying on a will alone leaves no mechanism for anyone to help manage your affairs if you become unable to do so yourself while still alive, for example after a stroke or a diagnosis of dementia. Without an LPA in place, your family would need to apply to the Court of Protection for a deputyship order, which is slower, more expensive and less flexible than an LPA you set up in advance.

Relying on an LPA alone, meanwhile, leaves no clear plan for what happens to your estate after death; without a will, your assets pass under the fixed rules of intestacy, which may not reflect who you would actually want to benefit. Making both a will and an LPA (or LPAs) is the more complete approach for most adults, particularly as they get older.