Is an LPA the same as a Will?

15th October 2025

Updated: Friday 9th January 2026

A Will and a Power of Attorney are both key legal documents, but they apply at very different times.

A Will sets out what happens to your money, property and possessions after you die. A Power of Attorney allows someone you trust to make decisions for you while you are alive if you cannot do so yourself.

So, is an LPA the same as a Will? The answer is both documents work together to protect you and your loved ones. A Lasting Power of Attorney supports you during your lifetime. A Will takes effect after death.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney, often called an LPA, is a legal document that lets you appoint one or more people to make decisions on your behalf if you lose mental capacity.

In England and Wales there are two types. A Property and Financial Affairs LPA covers money, bills, pensions and property. A Health and Welfare LPA covers medical treatment, care decisions and daily living.

An LPA must be made while you have mental capacity and registered with the Office of the Public Guardian.

What is a living will and how is it different from an LPA?

A living will, also known as an advance decision, allows you to record specific medical treatments you would refuse in certain circumstances.

It differs from a Health and Welfare LPA because a living will sets out fixed instructions, while an LPA appoints a person to make decisions based on the situation at the time.

Many people choose to have both. The living will gives clear direction to doctors, while the LPA allows a trusted person to interpret your wishes if circumstances change.

What happens to a Power of Attorney when someone dies?

A Power of Attorney ends immediately when the donor dies. At that point, the attorney no longer has any legal authority.

Responsibility then passes to the executor named in the Will. If there is no Will, the estate is handled under intestacy rules. This is a common area of confusion, but a Power of Attorney never continues after death.

This is why having both a Will and an LPA is essential.

What role does probate play after death?

Probate is the legal process that allows executors to deal with someone’s estate after they die. It gives authority to access bank accounts, sell property and distribute assets.

Even if someone had a Power of Attorney during their lifetime, probate is still required after death. The two processes are completely separate.

Having a clear and up to date Will can make probate much smoother for loved ones.

Why do you need both a Will and a UK Power of Attorney?

A Power of Attorney protects you if you lose capacity during your lifetime. A Will protects your estate after death.

Without an LPA, families may need to apply to the Court of Protection. Without a Will, estates can face delays and follow rules that may not reflect personal wishes.

Together, these documents provide continuity, clarity and peace of mind at every stage.

When should you put these documents in place?

The best time is before they are needed. You can only make an LPA using a service like Power of Attorney Online while you have mental capacity, and a Will is easiest to deal with when life is settled.

Putting both in place now is a practical and caring step that protects you and the people you trust most.

Planning ahead ensures your wishes are respected, whatever the future holds.