Many people know they should “get a Will sorted”, but far fewer understand the importance of a Lasting Power of Attorney (LPA). Others assume that having one document means they do not need the other.
In reality, Wills and Powers of Attorney do very different jobs – and most adults should consider putting both in place as part of a complete estate plan.
What a Will does – and when it applies
Your Will sets out what should happen to your estate after you die. It can:
- Specify who inherits your property, money and possessions.
- Appoint executors to manage your estate.
- Name guardians for children under 18.
- Include trusts to protect vulnerable or young beneficiaries.
- Support inheritance tax and care fee planning.
A Will only takes effect on death. It does not give anyone authority to act for you while you are still alive, even if you are unwell or unable to make decisions.
What a Lasting Power of Attorney does
A Lasting Power of Attorney is a legal document that allows you to appoint trusted people to make decisions on your behalf if you become unable to do so yourself, either temporarily or permanently.
There are two main types of LPA:
- Property and Financial Affairs LPA – for managing bank accounts, bills, property and investments.
- Health and Welfare LPA – for decisions about medical treatment, care, daily routines and, in some cases, life-sustaining treatment.
Without an LPA, your family may have to apply to the Court of Protection for a Deputyship order, which can be costly, stressful and slow.
Key differences between a Will and an LPA
Although both documents are central to estate planning, they serve different purposes.
- A Will deals with what happens after death; an LPA deals with decisions during your lifetime.
- A Will appoints executors; an LPA appoints attorneys.
- A Will controls how your estate is distributed; an LPA controls who can manage your affairs if you cannot.
- A Will is read after you die; an LPA can be used while you are alive if needed.
Thinking of them as a pair – one for “after” and one for “if” – can be a helpful way to remember the difference.
Why you should not wait for a crisis
LPAs are often left until later, but illness and accidents do not always wait for retirement. We regularly speak to families in Northumberland and the wider North East who are trying to manage a loved one’s finances or care without the right authority in place.
Putting LPAs in place while you are well and able to decide for yourself means:
- You stay in control of who will speak and act for you.
- Your attorneys can step in quickly if needed.
- Your family avoids court delays and additional costs.
- Everyone knows your wishes in advance.
Real-world scenarios where both matter
Here are just a few situations where having both a Will and LPAs in place can make a real difference:
- You suffer a serious illness or injury and cannot manage your bank accounts or bills.
- You need long-term care and decisions must be made about your home and investments.
- You lose capacity gradually through conditions such as dementia.
- You pass away, and your executors need clear instructions to follow and a valid Will to work from.
In each case, having only one document would leave gaps that could cause unnecessary stress or financial problems for those around you.
How Rothco Wills & Estate Planning can help
At Rothco Wills & Estate Planning, we take a joined-up approach. We look at your Will, your Powers of Attorney and your wider estate plan together, so everything works smoothly and consistently.
- Clear, friendly explanations of Wills and LPAs.
- Bespoke documents tailored to your circumstances.
- Support with registration of LPAs where required.
- Advice on trusts, inheritance tax and care fee planning.
Our aim is simple: to give you and your family peace of mind, knowing that both your future and your estate are properly protected.
Take the next step with confidence
If you currently have a Will but no Power of Attorney, or vice versa, now is the time to complete the picture.
