Wills and Lasting Powers of Attorney: How They Differ

In simple terms, the difference between Wills and Lasting Powers of Attorney (LPA) documents is life and death. Your Will concerns itself with your assets after your death. And your LPA gives your nominated attorney/s consent to manage your affairs while you’re alive but unable to do it yourself.

Important differences between Wills and LPAs

1. Timing
As mentioned above but it bears repeating: A Will takes effect after death. And an LPA comes into effect during your lifetime if and when you lose capacity. When you die the LPA dies with you.

2. Purpose
Your Will outlines who inherits your money and your property. Meanwhile an LPA protects your most immediate interests regarding your health, your finances and your property.

3. Necessity
If you die intestate – that is you die without a valid Will, then you could well be leaving behind you a headache for your relatives. Why? Because if there’s no Will intestacy laws spring into action and dictate the distribution of your assets.

And if you don’t have an LPA then your loved ones may well have to go to the court of protection. This takes a lot of time and a lot of money.

Types of LPA and why you need both
So, a Will is straightforward in that there aren’t varieties/types of them. With LPAs the picture is a little more complex in that there are two types.

1. Property and financial affairs
This LPA takes care of matters of property, banks and bills.

2. Health and welfare
This one lets your attorney make decisions, on your behalf, on medical treatment, living arrangements and your care.

Because the LPAs have different functions it’s vital that you have both types.

A valid and up-to-date Will, makes sure that your executors follow your wishes when you die. What it can’t do is authorize someone to manage the necessary aspects of your life should you become incapacitated – either mentally or physically. That’s what the two types of LPAs are for.

You can read all about Lasting Powers of Attorney, including advice on choosing them, on my blog here. But let me highlight something that I get asked about often.
A further point to note: Before the introduction of LPAs, we had Enduring Powers of Attorney. If you’ve got this type in place, don’t worry – they’re still valid.

How much does it all cost?
The first thing to note is the registration fee. As of November 2025, this stood at £92 for a single LPA or £184 for both health and financial LPAs.

That aside there’s the cost of a professional, such as myself, drawing it up for you. For information on my charges or if you’ve got any questions or concerns don’t hesitate to get in touch. You’re welcome to call me on 07538946839 or email me at info@swindonwillwriting.co.uk.

Alternatively, you can fill out my webform here: https://swindonwillwriting.co.uk/contact-us/
The choice is yours!

I’ve also got a page of FAQs that might well answer any questions you have – you’ll find that here.

I’ll be happy to give you some initial advice and help you decide whether you should have an LPA.