Why Having a Will Isn’t Enough – The Role of Lasting Powers of Attorney (LPAs)
Lasting Power of Attorney (LPA) – Creating a Will is a vital part of estate planning. It ensures that your assets are distributed according to your wishes after your death. However, many people mistakenly believe that having a Will alone is sufficient to protect themselves and their loved ones.
In reality, a Will only takes effect after you pass away. What happens if you’re alive but lose the ability to make decisions?
This is where Lasting Powers of Attorney (LPAs) come into play. LPAs provide legal authority for someone you trust to act on your behalf if you’re unable to do so due to illness, injury, or mental incapacity. This blog explores why LPAs are just as crucial as a Will in your estate planning toolkit and how to put them in place.
What Is a Lasting Power of Attorney (LPA)?
It is a legal document that allows you (the donor) to appoint one or more people (attorneys) to help you make decisions or make decisions on your behalf if you lose mental capacity.
There are two types in the UK:
- Health and Welfare LPA – covers decisions about medical treatment, care homes, daily routine, and life-sustaining treatment.
- Property and Financial Affairs LPA – allows your attorney to manage bank accounts, pay bills, collect pensions, and even sell your home if necessary.
Why Having a Will Isn’t Enough.
- A Will Only Takes Effect After Death
Your Will becomes valid only when you die. It does not give anyone legal authority to act on your behalf while you’re alive but incapacitated. In contrast, LPAs are designed for situations where you’re alive but unable to make decisions. - Without LPAs, Legal Intervention Is Required
If you lose mental capacity and don’t have LPAs in place, your family or loved ones must apply to the Court of Protection to become a “deputy.” This process is:
- Lengthy
- Expensive
- Stressfull
It can take months, during which essential decisions about your healthcare or finances may be delayed.
LPAs Provide Control and Peace of Mind
By setting up LPAs in advance, you ensure that people you trust are legally empowered to make decisions that align with your wishes. This avoids uncertainty and conflict during difficult times
Key Scenarios Where A Power of Attorney Make a Difference
Illness or Injury
If you suffer a stroke, are in a coma, or are diagnosed with a degenerative illness like dementia, a Power of Attorney can ensure your chosen attorneys can step in to manage your affairs without court delays.
Ageing
As we age, our risk of losing mental capacity increases. Having a Power of Attorney ensures continuous, seamless decision-making as you or your partner navigate later life.
Mental Health Crises
If mental illness affects your ability to make decisions, these documents can provide temporary authority to your attorneys, enabling them to manage your affairs compassionately.
How to Set Up An LPA
- Choose your attorneys – These should be people you trust implicitly, such as close family or friends.
- Complete the LPA forms – Available online from GOV.UK.
- Have the forms signed and witnessed – Includes a “certificate provider” who confirms you understand what you’re doing.
- Register the Official Document with the Office of the Public Guardian (OPG) – This is a legal requirement before it can be used.
Misconceptions About LPAs
Capacity issues can arise at any age due to accidents or sudden illnesses. Having LPAs is a form of insurance—it’s better to have them and not need them than the other way around.
“My spouse can just take over.”
LPAs and Complete Estate Planning
- A legally valid Will
- Lasting Powers of Attorney
- Advance healthcare decisions
- A record of digital assets
- Life insurance and pension plans
Together, these tools ensure that your wishes are respected both during your life and after your death.
Conclusion
While a Will is essential for distributing your estate after death, it does nothing to protect you while you’re alive.
That’s why LPA’s are a vital component of any complete estate plan.
Don’t wait until it’s too late. Secure your peace of mind—and your family’s—by setting up your LPAs today.
Book a Free Will Review With Us
At Callaghan Wills & Estate Planning, we offer a free, no-obligation Will review to make sure your current Will is still working for you.
💡 We’ll help you spot gaps, identify risks, and recommend whether you need a simple update – or a more comprehensive plan involving Trusts or Lasting Power of Attorney.
✅ Peace of mind doesn’t cost a thing.
