Most people know they should have a Will. Far fewer realise that a Lasting Power of Attorney (LPA) is just as important- and arguably even more urgent. Yet thousands of families across the UK face serious financial, legal and emotional problems every year because they didn’t realise the difference between the two, or assumed one automatically covered the other.

In this guide, we explain in plain English:

• Why a Will and an LPA do completely different jobs

• What happens if you have one without the other

• How the law changed in 2022–2024 and why it matters in 2025

• The biggest risks people overlook

• How to put both in place quickly and affordably

A Will takes effect after you die.

It controls:

• Who inherits your money, property, savings and assets

• Who becomes guardian of your children

• Who carries out your wishes (your Executors)

• Funeral wishes and personal requests

• Protection from disputes and claims

A Lasting Power of Attorney takes effect while you are alive.

It controls:

• Who can make decisions if you lose mental capacity

• Who can access your bank accounts to pay bills

• Who handles your property if you’re in hospital

• Who can speak to doctors on your behalf

• Who decides long-term care, treatment or living arrangements

A Will and an LPA are not connected. One does not replace the other.

They protect completely different stages of your life:

• LPA = during your lifetime

• Will = after your death

If you only have one in place, your family can still face major problems.

A Will only helps your loved ones after you pass away. It cannot be used to:

• Access your bank

• Pay your mortgage

• Pay care home fees

• Make medical decisions

• Sell your home

• Manage your business

• Speak to HMRC, banks, insurers or pension providers

• Consent to treatment or specialist care

If you lose mental capacity — through a stroke, dementia, an accident or illness — a Will is effectively irrelevant until you die.

In 2025, with rising life expectancy and growing cases of dementia, a Will without an LPA leaves a dangerous gap.

If you lose capacity without an LPA, your family must apply to the Court of Protection for a Deputyship Order.

This leads to:

Delays of 9–12 months

During this time, your family cannot access your money or make decisions.

Legal fees of £1,500–£3,000+

LPA fees are much cheaper and far quicker.

Ongoing supervision fees

Deputies must report annually to the court — for life.

The Court, not you, chooses who’s in charge

It may not be the person you would have chosen.

Frozen bank accounts

Joint accounts can also be restricted by banks.

Risk of financial abuse or mistakes

Because the court must step in to protect you.

Your partner may not be the legal decision-maker

This is the most misunderstood part — spouses and next-of-kin do not automatically gain authority.

Having no LPA creates stress, uncertainty and cost at a time your family are already struggling.

If you die without a Will, the Intestacy Rules decide who receives your estate.

This can lead to:

Partners not inheriting

Only married or civil partners inherit automatically.

Children inheriting before the spouse

Once the estate exceeds £322,000 (2024–2025 threshold).

Family disputes

Especially in blended families or second marriages.

Delays in probate

Banks, HMRC and the Probate Registry require legal clarity.

Unprotected children

No legal guardianship means social services may become involved.

Higher tax exposure

No planning means no optimisation.

A Will solves all of this — but a Will alone still doesn’t prevent lifetime problems.

This is one of the most common misconceptions we hear.

In the UK, nobody — not your spouse, not your children, not your parents — can legally:

• Access your bank accounts

• Sell your home

• Speak to financial institutions

• Manage your investments

• Consent to or refuse treatment

• Choose a care home

• Decide your daily living situation

Unless you have an LPA in place.

Without one, the law is extremely strict.

Even a husband and wife married for 40 years are legally strangers in the eyes of banks and institutions when capacity is lost.

There are two separate LPAs. They cover different areas of life. Most people need both.

1. Property & Financial Affairs LPA

Allows your chosen attorney(s) to:

• Pay bills

• Manage bank accounts

• Handle investments

• Deal with HMRC

• Sell or rent your property

• Run your business (if applicable)

This can be used as soon as it’s registered, with your consent.

2. Health & Welfare LPA

Allows your attorney(s) to make decisions about:

• Medical treatment

• Surgery, operations or interventions

• Living arrangements

• Long-term care

• Life-sustaining treatment

This can only be used if you lose capacity.

The financial LPA protects your assets.

The health LPA protects your wellbeing and dignity.

Some people choose only a financial LPA or only a health LPA. This often creates unintended risks.

If you only have a Financial LPA

Your money can be managed — but your care, treatment and living decisions may still be made by doctors and social workers, not your family.

If you only have a Health LPA

Your family may know your wishes — but they cannot access your accounts or protect your assets.

Both are essential for complete protection.

The volume of LPAs registered in the UK has surged in the past three years due to:

✔ Longer life expectancy

More people are living into their late 80s and 90s.

✔ Sharp rise in dementia diagnoses

Expected to reach 1 million cases by 2025.

✔ More people living alone

Fewer family members nearby to support.

✔ Increase in serious illness and hospitalisation

Particularly after COVID-19.

✔ Digital vulnerabilities

Managing online banking, passwords and identity fraud risks.

✔ More blended families

More chance of disputes without legal clarity.

✔ NHS pressure

Meaning doctors must rely on legal authority, not informal wishes.

For most clients, an LPA is no longer “optional” — it’s essential.

We regularly help families facing preventable issues such as:

Example 1: Frozen accounts during illness

A husband in his 60s suffered a stroke. His wife couldn’t access their joint savings to pay the mortgage. The bank insisted on a court order.

Example 2: Home sale blocked

An elderly mother needed full-time residential care. Her children couldn’t sell the house to fund it because capacity had been lost.

Example 3: Medical decisions taken out of the family’s hands

A son disagreed with the recommended hospital treatment for his father, but without an LPA, doctors were the final decision-makers.

Example 4: Business left in limbo

A business owner lost capacity and no one had authority to run the company, pay staff or sign documents.

Each of these situations could have been avoided with an LPA.

To put it simply:

• A Will ensures your assets go to the right people after your death

• An LPA ensures your affairs and wellbeing are looked after while you are alive

Together, they provide complete lifetime protection.

A Will with no LPA =

You protect your assets after death, but leave your family legally powerless if something happens to you while alive.

An LPA with no Will =

Your lifetime is protected, but your estate is vulnerable to disputes and intestacy rules after death.

A Will AND both LPAs =

Full protection. Minimum risk. Maximum clarity. Peace of mind.

The simple answer: now.

Capacity issues rarely give warning.

Many people assume LPAs are for the elderly — but they’re just as vital for:

• Business owners

• Home owners

• Parents

• Anyone with savings or investments

• Anyone in a long-term relationship

• Anyone travelling frequently

• Anyone with health concerns

Most people create LPAs between age 40–75, but we are seeing rising numbers in their 20s and 30s, especially homeowners and parents of young children.

We make the process simple, secure and fully compliant.

Step 1 — Initial Consultation

We discuss your wishes, attorneys and important decisions.

Step 2 — Drafting

We professionally prepare your Will and/or LPAs.

Step 3 — Signing & Witnessing

We ensure the documents are executed correctly.

Step 4 — Registration (for LPAs)

We complete the registration with the Office of the Public Guardian.

Step 5 — Storage & Copies

Your documents can be stored securely, with certified copies available.

We handle everything — no paperwork stress, no guesswork, no risk of mistakes.

Wills

Simple Wills are fast and affordable. More complex or tax-optimised Wills may vary.

LPAs

LPA costs include:

• Solicitor drafting

• Office of the Public Guardian registration fee

• Certified copies for financial institutions

• Optional secure storage

Most LPAs take 6–12 weeks to register, depending on OPG volume.

Is an LPA only for older people?

No — capacity can be lost at any age from accident, illness or injury.

Can I choose different attorneys for each LPA?

Yes — many people do.

Can I update or change my Will or LPA later?

Yes. We can update documents at any time.

Does next-of-kin have authority without an LPA?

No. This is a common but incorrect assumption.

Do LPAs give my attorney unlimited control?

No — they must follow your instructions and the law.

Can I limit what my attorney can do?

Yes — you can set clear restrictions.

As a leading and trusted law firm across Kent, Bromley and London, we provide:

• Specialist Wills, Probate & LPA expertise

• Clear advice in plain English

• Fixed fees with no surprises

• Fast turnaround

• Secure document storage

• Flexible appointments in person, online or at home

• A family-centred, compassionate approach

We put protection, clarity and peace of mind first.

Yes- absolutely.

A Will protects your loved ones after your death.

An LPA protects you (and them) while you’re alive.

Together, they are the foundation of personal protection in 2025.

If you only have one, you leave major risks open. If you have neither, your family faces significant legal and financial challenges.

Putting both in place is one of the most important gifts you can give your loved ones.