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

• A will says who gets your property after you die and who looks after your estate. It has no effect while you are alive.
• A Lasting Power of Attorney lets you choose people (your attorneys) to act for you if you lose mental capacity, for example through dementia, a stroke or an accident. It stops when you die.

Many people assume a spouse or adult child can step in automatically. In England and Wales they cannot. Without an LPA, the family may have to apply to the Court of Protection for permission to manage your affairs. That can take many months and cost more, and the court stays involved afterwards. In the meantime, bills may be hard to pay and property may be hard to sell.

• Property and financial affairs. Covers things such as paying bills, managing bank accounts and investments, and selling a home. You can choose to let your attorney use it while you still have capacity.
• Health and welfare. Covers decisions about care, where you live and, if you say so, medical treatment. It can only be used when you can no longer make those decisions yourself.

You can make one or both. Most of our clients choose both, because the two types cover different decisions.

An LPA can only be made while you still have the mental capacity to understand it. Once capacity is lost, it is too late. That is why it is best to do it while you are well. We can prepare your will and LPAs together, with the registration handled for you. See our Lasting Power of Attorney page.