What Does Martin Lewis Say About Power of Attorney?
The Money Saving Expert founder calls an LPA "arguably more important than a will" — here's why he believes everyone should have one.
Written by James Tyrrell · Reviewed by Anthony Dalton · Last reviewed
Martin Lewis, the founder of MoneySavingExpert.com, has repeatedly described a Lasting Power of Attorney as “arguably more important than a will” — and his reasoning is hard to argue with. A will only matters after you die. An LPA protects you while you are still alive. He has raised this topic across MoneySavingExpert.com articles, TV appearances, and podcast episodes, making it one of the most-shared pieces of legal financial advice he has given.
“If you don’t have a Lasting Power of Attorney… it is arguably more important than a will. Please do it now.”
At a glance
- Martin Lewis calls an LPA "arguably more important than a will" because it protects you while you are alive
- Without an LPA, bank accounts can be frozen and family members have no legal authority over finances or health decisions
- The alternative — applying to the Court of Protection — costs over £1,000 and takes many months
- LPAs are not just for elderly people; mental capacity can be lost at any age through accidents, strokes, or illness
When Did Martin Lewis Talk About Power of Attorney?
Martin Lewis has raised the subject of Lasting Power of Attorney on multiple occasions. The most widely shared example is a November 2023 article and social media post on MoneySavingExpert.com, in which he urged people to set up an LPA urgently. He has also addressed the topic on his ITV show and podcast.
The context was partly prompted by the OPG reporting a significant rise in LPA applications — and by research showing that millions of UK adults are at risk of losing mental capacity without any legal protections in place. According to Age UK, around 1 in 6 people over 80 has dementia, yet a substantial proportion have no LPA. Martin Lewis highlighted this as one of the most preventable financial and legal crises facing UK families.
What About Enduring Power of Attorney? (EPA vs LPA)
Martin Lewis has also warned about the difference between the older Enduring Power of Attorney (EPA) and today’s Lasting Power of Attorney. EPAs were replaced by LPAs in October 2007. EPAs made before that date are still legally valid, but they only cover property and financial matters — there is no health and welfare equivalent.
Enduring Power of Attorney (EPA)
Created before October 2007. Covers financial matters only. Does not cover health and welfare decisions. Cannot be created today — new applicants must use an LPA.
Lasting Power of Attorney (LPA)
Introduced in October 2007. Available as two types: Property & Financial Affairs and Health & Welfare. Provides full protection across finances and healthcare.
If your family has an old EPA in place, it is worth reviewing whether a new Health and Welfare LPA should also be created, as the EPA provides no protection for medical treatment decisions. For more on this, see our guide on what happens to existing EPAs.
Why Martin Lewis Says an LPA Is More Important Than a Will
A will only takes effect after you die. A Lasting Power of Attorney, on the other hand, protects you during your lifetime. Martin Lewis has made this distinction a key part of his message:
A Will
Only comes into effect after death. It determines who inherits your assets, but does nothing to protect you while you are alive.
An LPA
Protects you while you are alive. It ensures someone you trust can manage your finances and make health decisions if you lose mental capacity.
What Actually Happens Without an LPA
Martin Lewis highlights the very real consequences of not having an LPA. If you lose mental capacity without one in place, your family could face:
- Frozen bank accounts — banks can freeze your accounts, meaning no one can pay your bills, mortgage, or care costs
- No access to savings — even a spouse cannot access your money without legal authority
- Family struggles — loved ones are left unable to manage everyday financial matters on your behalf
- No say in medical care — your family has no legal right to make health decisions for you
Key point: Without an LPA, even basic tasks like paying a mortgage, managing direct debits, or arranging care become impossible for your family without going to court.
The Court of Protection: Costly and Slow
Martin Lewis stresses that without an LPA, your loved ones would need to apply to the Court of Protection for a deputyship order to manage your affairs. This is:
Time-Consuming
The court process can take many months, during which time your family cannot act on your behalf or access your funds.
Expensive
Court of Protection applications cost over £1,000 in fees alone, plus ongoing annual supervision costs — far more than the £92 to register an LPA.
Why Choosing Your Own Attorneys Matters
A key part of Martin Lewis's message is the importance of choosing the right people to act on your behalf while you still can. As the donor — the person making the LPA — you get to decide who your attorneys will be and how they should make decisions. You can appoint attorneys to act jointly (all must agree), jointly and severally (they can act together or independently), or a combination of both.
By choosing people you trust now, while you have full mental capacity, you ensure your wishes are carried out by the right people — and that they act in your best interests. Without an LPA, the Court of Protection appoints a deputy, and that person may not be who you would have chosen.
The Two Types of Lasting Power of Attorney
There are two types of LPA, and most people choose to create both. Each is a separate legal document, and each must be registered with the Office of the Public Guardian before it can be used.
Property and Financial Affairs
Covers money, bank accounts, paying bills, property, and investments. Your attorney can use this LPA while you still have mental capacity (with your permission) or if you later lose capacity.
Health and Welfare
Covers medical treatment, care decisions, and where you live. This LPA can only be used when the donor lacks mental capacity to make their own decisions.
For a full comparison, see our guide on the difference between Property & Financial Affairs and Health & Welfare LPAs.
It's Not Just for the Elderly
One of the most important points Martin Lewis makes is that LPAs are not just for older people. Mental capacity can be lost at any age through:
- Accidents or head injuries
- Stroke
- Serious illness
- Mental health conditions
This is why he encourages everyone — regardless of age — to consider setting up an LPA as part of their essential financial and legal planning.
Read the full article: Martin Lewis on Power of Attorney — MoneySavingExpert.com
How to Set Up Your LPA
Setting up an LPA does not have to be complicated or expensive. You can create one online without a solicitor. The process involves:
- Choosing your attorneys (the people you trust to act for you)
- Filling in the LPA form with your details and preferences
- Having it signed and witnessed
- Registering it with the Office of the Public Guardian (£92 per LPA)
You will also need a certificate provider — an independent person who confirms that you, the donor, understand the LPA and are making it freely. This can be a GP, solicitor, or someone who has known you well for at least two years. The certificate provider's role is to make sure nobody is pressuring you into creating the LPA.
The LPA must be registered with the Office of the Public Guardian before it can be used. Registration costs £92 per LPA and typically takes 8 to 10 weeks. Once registered, your attorneys can act on your behalf according to the terms you have set out in the legal document.
Ready to get started? Our simple online service helps you complete your LPA quickly and affordably, with step-by-step guidance and built-in error checks. See our pricing.
Key Takeaways
- An LPA protects you while alive — unlike a will, which only takes effect after death, an LPA ensures someone you trust can act for you if you lose mental capacity
- Without an LPA, your family is powerless — banks can freeze accounts, and no one has legal authority to make health or financial decisions on your behalf
- Court of Protection is the expensive alternative — deputyship applications cost over £1,000 in fees, take many months, and involve ongoing supervision costs
- Anyone can lose capacity at any age — accidents, strokes, and serious illness can strike without warning, making early LPA creation essential
- You choose who acts for you — with an LPA you pick your own attorneys; without one, the court appoints someone who may not be your preferred choice
Frequently Asked Questions
Why does Martin Lewis say an LPA is more important than a will?
A will only takes effect after you die. A Lasting Power of Attorney protects you while you are alive, ensuring someone you trust can manage your finances and make health decisions if you lose mental capacity.
What happens if you lose mental capacity without an LPA?
Your bank accounts can be frozen, your family cannot pay bills or access savings, and no one has legal authority to make health decisions for you. Your loved ones would need to apply to the Court of Protection, which costs over £1,000 and takes many months.
Is an LPA only for elderly people?
No. Martin Lewis stresses that mental capacity can be lost at any age through accidents, strokes, serious illness, or mental health conditions. He encourages everyone, regardless of age, to set up an LPA.
How much does it cost to set up a Lasting Power of Attorney?
The registration fee with the Office of the Public Guardian is £92 per LPA. Online services typically charge £79–£150 on top of that. Solicitors charge £300–£1,000 or more. If you create both types (Property & Financial Affairs and Health & Welfare), the registration fees alone total £184.
What is the difference between a Property and Financial Affairs LPA and a Health and Welfare LPA?
A Property and Financial Affairs LPA covers money, bank accounts, bills, property, and investments. A Health and Welfare LPA covers medical treatment, care decisions, and where you live. Most people choose to create both for full protection.
Do I need a solicitor to make an LPA?
No. There is no legal requirement to use a solicitor. Thousands of people create their own LPA every year using online services. A solicitor may be helpful in more complex situations, such as business ownership, overseas assets, or family disputes.
Who is the certificate provider for an LPA?
A certificate provider is an independent person who confirms the donor understands the LPA and is not being pressured into making it. This can be a professional such as a GP or solicitor, or someone who has known the donor personally for at least two years.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Official resources from GOV.UK
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