Why a Power of Attorney Is More Important Than a Will
A will protects your family after you die. An LPA protects you — and them — while you are still alive.
Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed
Most people think a will is the most important legal document they can create. But there is a strong argument that a Lasting Power of Attorney (LPA) matters even more. As Martin Lewis has said, an LPA is "arguably more important than a will" because it protects you during your lifetime, not just after death.
At a glance
- A will only takes effect after death — it cannot help if you lose mental capacity while alive
- An LPA protects you during your lifetime by letting someone you trust manage finances and health decisions
- Without an LPA, bank accounts are frozen and your family must apply to the Court of Protection (costing over £1,000)
- An LPA costs just £92 per document to register — comparable to a basic will
The Key Difference: Alive vs After Death
The fundamental difference is simple but often overlooked:
A Will
Only takes effect after you die. It tells people what to do with your money, property, and possessions. It has absolutely no power while you are alive.
A Power of Attorney
Protects you while you are alive. It ensures someone you trust can manage your finances and make health decisions if you lose the ability to do so yourself.
What Happens Without an LPA?
If you lose mental capacity — through dementia, a stroke, an accident, or serious illness — without an LPA in place, the consequences for your family are immediate and severe:
- Bank accounts are frozen — no one can access your money, even your spouse
- Bills go unpaid — your mortgage, council tax, utilities, and insurance payments can all fall behind
- Care costs cannot be paid — your family may struggle to fund your care from your own savings
- Property cannot be sold — if you need to sell your home to fund care, no one has authority to do it
- Medical decisions are out of your family's hands — doctors decide, not the people who know your wishes
Think about it: A will ensures your children inherit your house after you die. But without an LPA, nobody can sell that house to pay for your care while you are alive. The will is useless in that situation.
The Court of Protection: The Expensive Alternative
Without an LPA, the only way your family can gain authority to manage your affairs is through the Court of Protection. This means:
High Cost
Application fees exceed £1,000, plus solicitor costs and ongoing annual supervision fees
Long Wait
The process can take many months, leaving your family unable to act in the meantime
No Choice
The court appoints a deputy — it may not be who you would have chosen yourself
Compare this to an LPA, which costs just £92 per document to register and can be set up in advance while you are healthy. The difference in cost, time, and stress is enormous.
Why Most People Get It the Wrong Way Round
Around 40% of UK adults have a will, but fewer than 5% have a Lasting Power of Attorney. Yet statistically, you are far more likely to need an LPA during your lifetime than you are to die suddenly without warning.
Consider the numbers:
- Around 900,000 people in the UK currently live with dementia
- 1 in 3 people over 65 will develop some form of dementia
- Strokes affect over 100,000 people per year in the UK
- Serious accidents and illnesses can strike at any age
The risk of losing mental capacity is real, and the consequences of not being prepared are far more disruptive to your family than dying without a will.
An LPA Gives You Control
With a Lasting Power of Attorney, you decide in advance:
Who Makes Decisions
You choose trusted people — your spouse, children, a close friend — to act on your behalf, rather than leaving it to the courts.
What Decisions They Can Make
You set preferences and instructions. Want to stay at home as long as possible? Prefer certain medical treatments? You can record all of this.
What Does an LPA Actually Protect You From?
The reality of losing mental capacity is far more disruptive than most people realise. Without an LPA, your bank accounts can be frozen overnight, leaving your family unable to pay the mortgage, cover household bills, or even buy groceries. If you need medical treatment, doctors — not your loved ones — will make those decisions. And if you need to move into a care home, your family may have no say in where you go or how your care is managed.
A power of attorney is more important than a will in these situations because it is the only legal document that gives your family the authority to step in. A will cannot help while you are alive. An LPA means the people closest to you can act quickly, pay your bills, manage your savings, and make sure your care reflects what you would have wanted.
Two Types of LPA — Both Matter
There are two types of Lasting Power of Attorney, and ideally you should have both:
- Property and Financial Affairs LPA — covers your bank accounts, bills, property, investments, and everyday financial management
- Health and Welfare LPA — covers medical treatment, care arrangements, where you live, and life-sustaining treatment decisions
Together they ensure that every aspect of your life is managed by someone you trust, not by strangers or the courts.
You Need Both — Not One or the Other
This is not about choosing between a will and an LPA. You need both. But if you had to prioritise, the LPA arguably comes first because:
- A will can be created at any time, even on your deathbed
- An LPA can only be created while you have mental capacity — once capacity is lost, it is too late
- The consequences of not having an LPA affect you and your family immediately, while you are alive
- Without an LPA, your family faces a crisis; without a will, the process is slower but manageable through intestacy rules
How to Create Your Lasting Power of Attorney
Creating an LPA is straightforward and affordable. You do not need a solicitor. The process involves:
- Choosing your attorneys (the people you trust to act for you)
- Completing the LPA form with your details and any preferences or instructions
- Having the document signed and witnessed
- Registering with the Office of the Public Guardian (£92 per LPA)
At UKLPA, we guide you through every step online, making it simple and affordable to protect yourself and your family.
Tip: Creating an LPA is one of the most important things you can do for your family. Our online service makes it simple and affordable.
When you're ready to name your attorneys and create your LPA, our guided service makes the process straightforward. See pricing.
Key Takeaways
- An LPA protects you while alive — a will has no legal force until after death, leaving a critical gap during your lifetime
- Fewer than 5% of UK adults have an LPA — yet 1 in 3 people over 65 will develop dementia, making incapacity far more likely than sudden death
- An LPA can only be made with capacity — unlike a will, which can be made on your deathbed, an LPA must be created while you can still make decisions
- You need both documents — an LPA and a will cover different situations; together they provide complete protection for you and your family
- Cost is not a barrier — two LPAs cost £184 in registration fees, far less than the £1,000+ for a Court of Protection application
Frequently Asked Questions
Can I make an LPA if I already have a will?
Yes, an LPA and a will are completely separate legal documents that serve different purposes. A will covers what happens after you die, while an LPA covers decisions made during your lifetime if you lose mental capacity.
Is it true that my spouse can automatically manage my finances if I lose capacity?
No, this is a common misconception. Without an LPA, even your spouse has no legal authority to access your bank accounts or manage your finances. They would need to apply to the Court of Protection for a deputyship order, which can take months and cost thousands of pounds.
At what age should I consider making an LPA?
Anyone aged 18 or over with mental capacity can make an LPA, and it is advisable to do so as early as possible. Accidents and illnesses can cause loss of capacity at any age, so there is no benefit in waiting.
Can a will help if I lose mental capacity?
No. A will only takes effect after death. It has no legal force during your lifetime and cannot be used to manage your affairs if you lose capacity.
How much does an LPA cost compared to a will?
A will typically costs £150–£500 with a solicitor. An LPA costs £92 per document to register with the OPG. You can prepare your LPA online for as little as £89, making it comparable in cost to a basic will.
Should I create an LPA even if I already have a will?
Yes. They serve completely different purposes. A will covers what happens after you die. An LPA covers what happens if you lose mental capacity while alive. You need both for full protection.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Further reading from GOV.UK
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