Do I need a Lasting Power of Attorney if I have a will?

When you’re preparing for the future, there are two legal documents you’ll want to get: a will and a Power of Attorney. And contrary to popular belief, you need both. 

What’s the difference between an LPA and a will? 

• A Lasting Power of Attorney lets someone help you make decision while you’re alive but incapacitated. 

• A will instructs an executor how to distribute your estate after you pass away. 

Both a will and a Lasting Power of Attorney (LPA) let you grant someone else the legal right to look after your affairs and your estate. In most cases, you’ll speak to a solicitor to get them, and they both require you and two witnesses to sign and validate the documents. And perhaps this is why there’s confusion around the need for both an LPA and a will. 

But there are few other similarities. 

Why do I need both?

You need an LPA and a will to take advantage of their respective benefits. 

What happens with a will but no LPA?

If you’ve written a will, you have the peace of mind knowing your partner will be able to stay in the family home, and your savings will support them through a difficult time. 

But what happens if something happens to you in the meantime? A sudden accident or a medical diagnosis could mean your partner won’t be able to access the money in your bank or refuse medical treatments you might object to, if you were able. 

Without an LPA, even your spouse or civil partner can’t withdraw or spend your money; they can’t pay the bills you normally might; they can’t. 

What if I have an LPA but no will?

It’s rare that someone will have a Lasting Power of Attorney, but doesn’t have a will. 

However, if this is the case, remember, an LPA ends the moment you die. At that moment, your attorney has no legal right to look after your affairs.

Without a will, the state will record you dying ‘intestate’. An administrator will be appointed by the Court of Protection, and your belongings distributed according to intestacy laws. Unfortunately, your attorney will have no say in this.

If your attorney isn’t your married partner, civil partner, or blood relative, they will not be entitled to inherit anything unless all beneficiaries agree to legally include them. 

Does a will include Power of Attorney? 

A common misconception is that a will includes Power of Attorney. Many believe that by naming their partner as a beneficiary, for instance, means if something happens to them their partner can ‘pick up where they left off.’ 

This isn’t true. 

It might make logical sense, but not legal sense. 

As far as the law is concerned, it’s simple: your will dictates what happens when you pass away. An LPA instructs what happens if you’re unable to make decisions for yourself. 

Consider making a will and LPA if: 

• You’ve married, divorced, or separated

• You have children

• You’ve bought or sold property or high-value assets

• Your family rely on your income or property

• You’ve been diagnosed with a medical condition

• Just in case – because we never know what life might throw at us

The law doesn’t have to be confusing, though. If you have one but not the other, chat to a legal professional to find out if getting a will or LPA is right for you – and what you need to make one. 

Get in touch with us and our experienced solicitors will make the process as simple as possible. Because when things in life get tough, whether the problems are big or small, we’re here help you.