Why Power of Attorney Is Better Than a Will

06th February 2026

Why Power of Attorney Is Better Than a Will is a question many people ask when planning for the future. Both documents are important, but they serve very different purposes and protect you at different stages of life. Understanding the differences can help you avoid gaps in protection.

What does a Will actually do?

A Will sets out what happens to your money, property and possessions after you die. It allows you to name beneficiaries, appoint executors and set out funeral wishes. However, a Will has no legal effect while you are alive. It cannot help if you become ill, injured or unable to make decisions for yourself.

What does a Power of Attorney do that a Will cannot?

A Power of Attorney allows you to appoint someone to make decisions for you while you are alive. A Lasting Power of Attorney can cover financial matters, health and welfare decisions, or both. This means someone you trust can manage bills, speak to banks, arrange care or make medical decisions if you lose mental capacity. A Will cannot do any of this.

Why is Power of Attorney often considered more practical?

Loss of mental capacity can happen unexpectedly through illness, accident or conditions such as dementia. Without a Power of Attorney, even close family members cannot automatically make decisions for you. They may need to apply to the Court of Protection, which can be slow, costly and stressful. A Power of Attorney avoids this process and gives clarity at a critical time.

Does this mean I do not need a Will?

No. A Will and a Power of Attorney work together rather than replacing each other. A Will protects your wishes after death, while a Power of Attorney protects you during your lifetime. Having both ensures there are no gaps in legal authority at any stage.

Which type of Power of Attorney is most useful?

In England and Wales, the most commonly recommended option is a Lasting Power of Attorney. There are two types: Property and Financial Affairs, and Health and Welfare. Many people choose to set up both so that all key decisions are covered if they lose capacity.

When should I set up a Power of Attorney?

You must have mental capacity when creating a Power of Attorney, so it is best to arrange it as early as possible. Younger adults often assume it is only for older people, but accidents and illness can happen at any age. Setting it up early gives peace of mind and avoids rushed decisions later.

Is it complicated to create a Power of Attorney?

The process involves choosing attorneys, completing the forms and registering the document with the Office of the Public Guardian. Online services like Power of Attorney Online can guide you step by step, reduce errors and make the process clearer than traditional paper forms. Professional support is helpful if your circumstances are complex.

Why is Power of Attorney essential for families?

A Power of Attorney removes uncertainty for loved ones and ensures your wishes are respected. It prevents disputes, reduces stress and avoids delays when decisions need to be made quickly. For many families, it is one of the most valuable legal documents they can put in place.