Wills vs Lasting Power of Attorney: What They Are and Why You Need Both (Especially in Derby)

When it comes to planning your future and protecting the people you care about most, two documents stand above the rest:

  • Your Will

  • Your Lasting Power of Attorney (LPA)

But many people still think a will is “enough.” The truth is:

A will only takes effect after you die —
an LPA protects you while you’re still alive.

If you live in Derby or Derbyshire, putting both in place is one of the most important decisions you can make — and this guide explains why.


What Is a Will? And What It Doesn’t Do

A will is a legal document that sets out:

  • Who gets your property and savings

  • Guardians for your children

  • Funeral wishes

  • Instructions for trusts or special gifts

But there’s a major blind spot:

👉 A will only comes into effect after your death.

So what happens if you can’t make decisions while you’re still alive?

That’s where LPAs come in.


What Is a Lasting Power of Attorney?

A Lasting Power of Attorney in Derby is a vital legal document that lets you choose someone you trust (your attorney) to make decisions for you if you lose mental capacity — or even before if you choose.

There are two types you need:

  1. Property & Financial Affairs LPA
    This gives someone authority to manage your money and assets — paying bills, accessing accounts, dealing with investments, selling property, and more.

  2. Health & Welfare LPA
    This lets your attorney make decisions about your care, treatment, living arrangements, and medical choices if you can’t communicate your wishes.

Without these documents, even your spouse or partner cannot legally act for you — and your family may have to go to the Court of Protection to gain that authority.


Why You Absolutely Need Both — Not Just One

Here’s the reality:
✔ A will protects your estate after death
✔ A Lasting Power of Attorney protects you while you’re still alive

They’re not interchangeable — they are complementary.

And the consequences of only having one can be devastating:

❌ Without a will

The government decides who receives your assets.

❌ Without an LPA

Your loved ones may be unable to access your bank accounts, make healthcare decisions, or manage your property when you need them most.


Real-Life Consequences: Why Delay Costs More

Imagine this:

  • Your partner can’t access joint savings

  • Mortgage payments stop

  • Medical decisions are made by professionals, not family

  • Life-support or care decisions get delayed

  • Court proceedings drag on for months

This isn’t hypothetical — it happens every day when people delay organising an LPA.


Frequently Asked Questions

Do I need an LPA if I already have a will?

Yes — a will doesn’t give anyone authority while you’re alive.

Can my partner automatically make decisions for me?

No — not without a registered LPA.

When should I set up an LPA?

Now. LPAs can only be made while you have mental capacity.


FAQs About LPAs in Derby

📌 How much does an LPA cost?
Costs can vary, but professional advice ensures your documents are robust and error-free.

📌 How long does registration take?
It can take several weeks — so start early.

📌 Can I appoint more than one attorney?
Yes — choosing the right people is critical for peace of mind.


Take Control Today

Estate planning isn’t just for the elderly or the wealthy. It’s for anyone who wants to protect their future and their family’s wellbeing.

At Jackson Giles, we specialise in:

  • Lasting Power of Attorney in Derby

  • Will writing and reviews

  • Full estate planning services tailored to your circumstances

📞 Call us on 01332 215 151
🌐 Visit jacksongiles.co.uk

Don’t wait until it’s too late — make sure your voice is heard, wherever life takes you.


 

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