Lasting Power of Attorney and Wills: The Paperwork That Protects Your Family
Updated: 1 hour ago
The short answer: a will says what happens to your money and property when you die. A lasting power of attorney (LPA) says who can make decisions for you if you're alive but can't make them yourself. Most adults need both, and the best time to sort them is before you need them. That's often at one of life's big moments: marriage or divorce, a new baby, buying a home, selling a business, an inheritance or approaching retirement. This guide covers England and Wales.
Why this matters more than people think
In my years in wealth advice, and in my own family, the hardest money situations weren't about the size of the pot. They were about nobody having the authority to act when it mattered. If you lose mental capacity without an LPA, your family can't simply step in, not even your husband or wife. They usually have to apply to the Court of Protection to become a deputy, which is slower, more expensive and more stressful.
What is a lasting power of attorney?
An LPA is a legal document that lets you choose people you trust, your attorneys, to make decisions on your behalf. There are two types:
Property and financial affairs: paying bills, managing bank accounts, dealing with pensions and investments, and selling your home if needed. With your permission, this one can be used while you still have capacity.
Health and welfare: decisions about medical care, where you live and day-to-day care. This one can only be used once you can no longer make those decisions yourself.
An LPA has to be registered with the Office of the Public Guardian before it can be used. The fee is £92 for each LPA, and you can make one online at GOV.UK or on paper. Registration takes time, which is another reason not to leave it until there's a crisis.
What about enduring powers of attorney?
Enduring powers of attorney (EPAs) were replaced by LPAs in October 2007, so you can't make a new one. But an EPA signed before then is still valid. It covers property and financial affairs only, not health and welfare. If a parent has an old EPA, it has to be registered with the Office of the Public Guardian once they start to lose mental capacity. If you're not sure whether a parent's EPA is still right for them, check now, while they can still make a new LPA if needed.
Why a will still matters
If you die without a will, the intestacy rules decide who inherits. Unmarried partners get nothing automatically, however long you've been together. Stepchildren aren't included. And a spouse doesn't necessarily get everything: they receive the first £322,000, your personal possessions and half of anything above that, with the rest going to your children.
Two things catch people out. Getting married or entering a civil partnership cancels an existing will, unless it was written with that marriage in mind. And divorce doesn't cancel a will, but it treats your ex as if they had died for the purposes of the will, which can leave gaps you didn't plan for.
When to review them
Think of these documents as part of every big moment, not a one-off job. Review your will and LPAs when:
You marry, divorce or move in with a partner
A child or grandchild is born
You buy or sell a home, a business or a property portfolio
You receive an inheritance
You retire or start drawing your pensions
Someone you've named as an executor or attorney dies, moves away or is no longer the right person
Pensions usually sit outside your will, so check the nomination (expression of wishes) form with each pension provider at the same time. From April 2027 most unused pensions are also due to come into the inheritance tax net, so it's a good moment to look at the whole picture.
Where I come in
I'm not a solicitor and I don't write wills or LPAs. What I do is help you get your whole financial picture in one place, think through who you'd trust with what, and have the family conversations that make these documents work in real life. Then you go to a solicitor or will writer knowing exactly what you want, which saves time and money.
Questions people often ask
Do I need a lasting power of attorney if I'm married?
Yes. Being married doesn't give your spouse legal authority over your finances or health decisions if you lose capacity. Joint accounts may keep working, but accounts, pensions and investments in your sole name can be frozen. An LPA is the way to give your spouse that authority.
How much does a lasting power of attorney cost?
The Office of the Public Guardian charges £92 to register each LPA in England and Wales. Most people make two, one for property and finances and one for health and welfare. You can do it yourself online at GOV.UK, or pay a solicitor to help, which costs more.
Is an enduring power of attorney still valid?
Yes, if it was signed before 1 October 2007. It covers property and financial affairs only, and it must be registered with the Office of the Public Guardian when the person starts to lose mental capacity. You can't make a new EPA today.
What happens if I die without a will?
The intestacy rules decide who inherits. In England and Wales a spouse or civil partner gets the first £322,000, personal possessions and half of the rest, with the remainder going to children. Unmarried partners have no automatic right to inherit.
When should I review my will?
After any big life event: marriage, divorce, a new baby, a house move, an inheritance, selling a business or retiring. Marriage cancels an existing will in England and Wales, so it always needs updating then.
Talk it through
Sorting your will and LPA is one of those jobs that always feels like it can wait, until suddenly it can't. When something big happens in life, I'm the person to come to, and getting this paperwork right is often part of it. I see people face to face in Cheadle, between Stockport and Manchester, and by video anywhere in the UK. Here's more about inheritance and bereavement money coaching. Book a free 20-minute call.
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