LPA vs will
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
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.
Worked example
Margaret, 78, has a will leaving her house to her two children equally and naming her son, Tom, as executor. She has no LPA. When Margaret has a serious stroke and can no longer manage her finances, Tom discovers her will is entirely useless to him: she is still alive, so nothing in it applies yet, and no bank will let him access her accounts on the strength of a document meant for after her death. Because there is no LPA either, Tom has to apply to the Court of Protection to become her deputy — a process that can take several months and cost considerably more than the £92 LPA registration fee would have. If Margaret had made an LPA while she still had capacity, Tom could have started managing her bank accounts and paying her care costs within weeks of it being registered.
Why both documents are usually made together
Solicitors and will-writing services frequently package a will with a property and finance LPA and a health and welfare LPA, because the three documents cover a person's entire life and death planning without any gap. Making them at the same time also means the certificate provider, witnesses and any attorney or executor conversations can happen in one sitting, rather than being repeated later. See is an LPA worth it for the wider cost-benefit case.
Keep the two sets of paperwork separate
Do not staple your will to your LPA or store them in the same envelope as a single 'estate plan' if that risks the LPA being read as taking effect only on death — they are legally distinct instruments and should say so clearly on their own covers.
What happens to the LPA when someone dies
An attorney's authority ends automatically at the moment of the donor's death — see what happens when the donor dies. From that point the executors named in the will take over, and any money the attorney was managing becomes part of the estate they must account for. An attorney who carries on paying bills from the deceased's account after death, even with good intentions, is acting without authority.
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.
Does my will control who becomes my attorney?
No. Attorneys are chosen and appointed only in the LPA itself. A will has no power to appoint attorneys or to extend anyone's authority during your lifetime.
If I already have an LPA, do I still need a will?
Yes. Without a will your estate is distributed under the intestacy rules, which may not match your wishes at all, and your LPA has no say in the matter because it stops working the moment you die.
Read next
Where this fits
This page is part of LPA basics. The pages below take it further.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
- Solicitor, GOV.UK or online?
An honest comparison, including when you genuinely should pay a solicitor.
Review and sources
Reviewed by Ramani Gill TEP, Solicitor and private client practitioner. Last reviewed 13 August 2026. We recheck fees, forms and Office of the Public Guardian guidance whenever they change — see our editorial policy.
Official sources
Ready to make your LPA?
Choose one LPA or both, then start online for £49 per LPA.
The Office of the Public Guardian charges a separate £92 to register each LPA.
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