LPA vs will
Guidance from Estate Advisory Group
They are often bought together and constantly confused. A will does nothing while you are alive; an LPA does nothing once you have died.
Different jobs
| Will | LPA | |
|---|---|---|
| Takes effect | On death | During your lifetime |
| Appoints | Executors | Attorneys |
| Deals with | Distributing your estate | Managing money, care and treatment while you live |
| Registered in advance | No | Yes, with the OPG |
The gap people fall into
The period between losing capacity and dying can last years, and it is by far the most expensive part of later life. A will is silent on all of it: who pays the care home, who sells the house, who talks to the consultant. That is the gap an LPA fills.
What an LPA cannot do
- It cannot make or change your will — that requires a court-authorised statutory will.
- It ends immediately on death; from that point executors take over.
- Attorneys cannot make gifts beyond very limited customary amounts without court approval.
Common questions
Can my executor be my attorney?
Yes, and it is very common. The roles simply operate at different times.
Which should I do first?
If you have neither, most people find the LPA more urgent, because it is the one that can become impossible to make.
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This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.
Published by Estate Advisory Group