What is the difference between a will and a power of attorney?
A will takes effect after you die, directing who inherits your estate. A lasting power of attorney (LPA) works while you are alive but unable to make decisions, letting someone you trust act for you. They cover opposite situations — incapacity in life versus distribution after death — so most people benefit from having both.
Detailed explanation
They're complementary, not alternatives.
- Will: operates only on death; appoints executors and decides who inherits.
- LPA: operates during life if you lose capacity; appoints attorneys to act for you.
- An LPA ends on death — from that point the will and executors take over.
Sandra makes a will and an LPA. When dementia later affects her, her attorney manages her finances under the LPA. After she dies, the LPA ends and her executor administers her estate under the will.
- Complete the questionnaireA few guided questions about you, your family and your wishes.
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- Sign correctlyClear instructions on signing and witnessing so the will is legally valid.
- Protect your familyYour wishes are recorded and your loved ones are spared the intestacy default.
Sources
- GOV.UK — Make, register or end a lasting power of attorney
- Mental Capacity Act 2005 — legislation.gov.uk
- Office of the Public Guardian — LPA guidance
- Reviewed by
- ClearLegacy editorial team
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
Frequently asked questions
What is the difference between a will and a power of attorney?
A will takes effect after death and directs who inherits. A lasting power of attorney works while you are alive but unable to decide, letting someone act for you. They cover opposite situations, so most people need both.
Does a power of attorney still apply after death?
No. A lasting power of attorney ends the moment the person dies. From then on, the executors named in the will take over under the authority of the will and, where needed, a grant of probate.
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