The Short Answer
A will says who inherits your money, property and possessions after you die. A lasting power of attorney (LPA) lets someone you trust make decisions about your finances or your health while you are alive but unable to make them yourself — typically because of dementia, a stroke, an accident, or any other loss of mental capacity.
They cover completely different periods of your life:
LPA covers life. Will covers death. If you only have one, the other situation has no plan in place — and your family will have to deal with the consequences at the worst possible time.
Side-by-Side Comparison
| Lasting Power of Attorney | Will | |
|---|---|---|
| When does it apply? | While you are alive but lack capacity | After you die |
| What does it cover? | Property & financial decisions, or health & welfare decisions | Distribution of your estate, guardianship of children, executors |
| Who acts for you? | Your attorney(s) | Your executor(s) |
| When does it stop? | The moment you die | Once the estate is fully administered |
| Registration? | Must be registered with the Office of the Public Guardian (8–20 weeks) | None — valid as soon as signed and witnessed |
| Cost | £82 OPG fee per LPA + service fee | From £69 single, £99 mirror at ClearLegacy |
What an LPA Does That a Will Cannot
If you lose mental capacity without an LPA in place, your family cannot simply step in and manage your finances or speak for you on medical decisions. The bank will not let your spouse access your accounts. Doctors are not legally bound to follow your relatives' instructions on treatment.
To get authority, your family would have to apply to the Court of Protection for a deputyship order. That process:
- Costs around £400 in application fees, plus annual supervision fees of £320
- Takes 6–12 months to be granted
- Requires ongoing reports to the Public Guardian
- Often costs the family thousands in legal fees
An LPA you set up in advance avoids all of this. The cost difference is dramatic — £82 plus a service fee now versus thousands and many months later.
What a Will Does That an LPA Cannot
An LPA ends the second you die. At that point your attorneys lose all authority. Without a will:
- Your estate is distributed under the intestacy rules — strict government-set rules that may not reflect your wishes
- Unmarried partners inherit nothing automatically
- You have no say in who looks after children under 18
- You cannot leave specific items to specific people
- You cannot leave anything to charity or to friends
For most people, intestacy produces an outcome they would never have chosen. A will overrides it entirely.
The Two Types of LPA
In England and Wales there are two separate LPAs. Most people set up both.
Property and Financial Affairs LPA
Covers paying bills, managing investments, selling property, dealing with HMRC and pensions. Can be used while you still have capacity if you wish — for example, if you are abroad.
Health and Welfare LPA
Covers medical treatment, care home choices, day-to-day care decisions, and life-sustaining treatment. Can only be used after you have lost capacity.
Each LPA is registered separately with the Office of the Public Guardian and each carries an £82 government fee. You can do them at the same time. Registration takes 8–20 weeks, so it is worth starting early.
Which Should You Do First?
For most people: start with the will. It is faster, cheaper, and instantly valid once signed. The largest risk to most UK families is dying without a will, not losing capacity without an LPA.
However, do the LPA first if any of the following apply:
- You have an early diagnosis of dementia or a degenerative condition
- You are facing major surgery or treatment
- You are aged 75 or over and do not yet have one
- You run a business and need someone able to step in if you cannot
The LPA registration delay (up to 20 weeks) means that if capacity is lost in the meantime, the LPA cannot be used. Time matters.
Common Misconceptions
"My spouse can act for me automatically"
No. Marriage gives you no legal authority over your spouse's finances or medical decisions. Joint bank accounts can be frozen if one party loses capacity. Without an LPA, your spouse must apply to the Court of Protection just like anyone else.
"My will gives my executor power now"
No. Your will only takes effect when you die. While you are alive, your executor has no authority over anything you own.
"An LPA means I lose control"
No. While you have capacity, you continue to make all your own decisions. The LPA only kicks in when you cannot. You can also set conditions — for example, requiring two attorneys to act jointly on big decisions.
"I am too young to need either"
Capacity can be lost at any age — a car accident, a stroke at 40, an unexpected illness. The Office of the Public Guardian recommends putting LPAs in place from age 18 if you have any assets at all.
How Much Does It Cost to Set Up Both?
| Document | Cost | Time to set up |
|---|---|---|
| Single will (ClearLegacy) | £69 | 15 mins + 24hr delivery |
| Mirror wills for couples (ClearLegacy) | £99 | 15 mins + 24hr delivery |
| One LPA — government registration fee | £82 | 8–20 weeks |
| Two LPAs (Finance + Health) | £164 in registration fees | 8–20 weeks |
Compare that with the alternatives: a Court of Protection deputyship can cost £400 application + £320 a year + legal fees. Solicitor-drafted wills cost £300–£1,000. Doing both online in advance is the cheapest possible route.
Start With Your Will — £69
15 minutes online. Fixed fee. Legally valid in England & Wales. Delivered within 24 hours.
Start My Will — £69 →Frequently Asked Questions
What is the difference between a power of attorney and a will?
An LPA covers decisions about your money and your health while you are alive but cannot make them yourself. A will controls who inherits your estate after you die. They cover different periods of your life and do not overlap — one ends where the other begins.
Do I need both a power of attorney and a will?
For most UK adults, yes. A will alone leaves no one in charge if you lose capacity. An LPA alone leaves no instructions for who inherits. Together they cover both situations and avoid the cost and delay of a Court of Protection application.
Which should I do first — a will or a power of attorney?
Most people should start with the will because it can be drafted and signed in a single sitting. LPAs take 8–20 weeks to register with the Office of the Public Guardian, so do the LPA first if you are concerned about losing capacity in the near term.
Does a power of attorney still apply after death?
No. An LPA ends the moment you die. From that point your executors take over under the terms of your will. This is why an LPA on its own is not enough — without a will, the intestacy rules decide who inherits.
Can the same person be both my attorney and my executor?
Yes — many people pick the same trusted spouse, child or sibling for both roles. The two roles never overlap in time, so there is no conflict.