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A will or a Lasting Power of Attorney: what’s the difference?

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People often mix these two up, but they do very different jobs. A will speaks for you after you die. A Lasting Power of Attorney speaks for you while you’re alive, if you can’t make decisions yourself.

A will

A will says who should receive your money, property and belongings, and who should sort everything out (your executor). In England and Wales it must be signed in front of two witnesses, and a witness shouldn’t be someone who inherits from it. Getting married usually cancels an existing will in England, Wales and Northern Ireland, so it’s worth checking yours after a wedding.

A Lasting Power of Attorney (LPA)

An LPA lets people you trust (your attorneys) make decisions for you if you lose the ability to make them yourself, for example after a stroke or with dementia. In England and Wales there are two kinds:

  • Property and financial affairs: paying bills, managing your bank account, selling your home
  • Health and welfare: your care, where you live and medical treatment

An LPA must be registered with the Office of the Public Guardian before it can be used. Registering costs £92 for each one on GOV.UK, and you may pay less, or nothing, on a low income. Registration can take several weeks, so it’s best not to leave it until it’s needed.

In Scotland and Northern Ireland

The rules are different. In Scotland you make a power of attorney, registered with the Office of the Public Guardian (Scotland). In Northern Ireland it’s an enduring power of attorney.

Do I need both?

Most people benefit from both, because they cover different times of life. A solicitor can help, and GOV.UK has the official LPA service. Once they’re done, tell your family where the originals are kept.