Understanding Wills and Power of Attorney

15th October 2025

When planning for the future, wills and power of attorney are two essential documents, but they serve very different purposes. A will sets out what happens to your assets after you die, while a power of attorney allows someone you trust to make decisions on your behalf while you’re still alive.

Both are vital parts of good life planning. A lasting power of attorney (LPA) helps protect your finances, property, and wellbeing if you lose capacity. Your will then ensures that, after your death, your wishes are respected and your estate is handled smoothly. Together, they give you and your loved ones peace of mind from start to finish.

What Is a Living Will and How Does It Differ from a Power of Attorney?

A living will (also called an advance decision) lets you specify what medical treatments you would or wouldn’t want if you can’t communicate those choices yourself. While a living will and power of attorney may seem similar, they’re not the same.

A Health and Welfare LPA allows your chosen attorney to make health and care decisions on your behalf, including about life-sustaining treatment. A living will, however, records your own instructions for doctors to follow. Many people choose to have both in place to make sure every scenario is covered clearly and legally.

What Happens to a UK Power of Attorney After Death?

A power of attorney ends automatically on death. This means that once the donor (the person who made the LPA) passes away, their attorney no longer has any authority to act. From that point, responsibility for managing the person’s estate passes to the executors named in their will.

It’s a common misconception that a power of attorney continues after death, but it doesn’t. For this reason, it’s essential to have both documents, a power of attorney and a will, in place to ensure there’s no confusion about who can do what, and when.

The Role of Probate and UK Power of Attorney

After someone passes away, probate is the legal process that gives their executor permission to access bank accounts, sell property and distribute assets according to the will. Even if there was a probate power of attorney beforehand, it no longer applies. Probate must be granted before any financial actions can take place.

If the person dies without a will, their estate is handled under intestacy laws, which can delay things and cause avoidable stress for family members. Having both a will and a power of attorney ensures a smooth transition from care and decision-making during life to proper estate administration after death.

Plan Ahead, Protect What Matters

Preparing a will and power of attorney with a service like Power of Attorney Online is one of the most caring and practical things you can do for your loved ones. It ensures that your affairs are managed with clarity, compassion and legal certainty, both while you’re here and after you’re gone.