So you have a Will, but wonder if you need a Lasting Power of Attorney?

So you have a Will, but wonder if you need a Lasting Power of Attorney?

3rd March 2026

If you already have a Will in place, you’ll be aware that it deals with your estate – your money, possessions, property and other assets, after you die. So having a Will should mean that your estate passes in accordance with your wishes and that it will be much easier for your family (or another nominated executor) to sort your affairs.

But what happens if your decisions need to be made on your behalf whilst you are still living? A Will won’t assist in such circumstances but having an LPA should.

A Lasting Power of Attorney (LPA) is a legal document where you as the Donor appoint someone (usually close relatives or friends) to be your Attorney(s) to make certain decisions on your behalf including when you lack mental capacity.

So, by putting an LPA in place now, means you essentially retain a degree of control – Naturally, you would only appoint people you trust to carry out your wishes and who will always act in your best interests. You can also place restrictions or conditions on the face of the document itself.

There are two types of LPA:

  1. A Property and Financial Affairs LPA which allows your Attorney(s) to make decisions about paying bills, dealing with the bank, collecting benefits, selling your house, etc; you can make an LPA to be used for financial decisions while you still have mental capacity.
  2. A Health and Welfare LPA which allows your Attorney(s) to make decisions regarding treatment, care, medication, where you live, etc. You can create this LPA to be used only if you can no longer make your own decisions – known as losing ‘mental capacity’.

Currently, almost 1 million people in the UK have been diagnosed with dementia and this figure is rising. It’s anticipated that 1 in 3 individuals over 65 will suffer from some form of dementia and if capacity becomes an issue, it may not be possible to put an LPA in place at that stage. This means that your loved one is then left with the costly alternative of applying to the Court of Protection to become your Deputy (Deputyship). This is a slow process, taking 4-6 months once the paperwork has been completed, and while awaiting the outcome your affairs may be in a state of limbo. Preparing an LPA in a timely fashion could therefore also save your family a lot of stress, pressure and unnecessary expense.

As for accidents, every 90 seconds someone is admitted to hospital in the UK with a brain injury – traffic or contact-sport accidents are examples of what can go wrong. Once completed and registered, an LPA can be used if you suffer a physical infirmity for example in a serious accident, but you regain control of making your own decisions once you recover.

So, an LPA isn’t simply to be considered just by the elderly, although of course it allows you to plan in advance so that other people of your choosing may make decisions on your behalf at a point in time when you might lose the capacity to make those decisions yourself.

If you would like more information, or are looking to put an LPA in place, please contact our friendly team of experts who will be happy to talk to through the process.