Why most people sort their will and lasting power of attorney at the same time

Most people understand, in broad terms, why they need a will. Fewer understand that a will only operates after death. It does nothing to protect you or your family if you lose mental capacity while you are still alive.

That gap is what a lasting power of attorney fills. And the reason most people sort both documents at the same time is simple: it is much harder to arrange an LPA later than it is to do it now.

What a will does and does not do

A will sets out how your assets should be distributed after you die. It can appoint executors to administer your estate, name guardians for minor children, and create trusts for beneficiaries.

It cannot authorise anyone to manage your bank accounts, sell your property, or make decisions about your medical care if you become unable to make those decisions yourself. For that, you need an LPA.

What a lasting power of attorney does

An LPA appoints one or more people you trust to act on your behalf. There are two types: one covering property and financial affairs, and one covering health and welfare.

Without either document in place, no one, including your spouse, has the legal authority to manage your finances or make health decisions on your behalf. Your family would need to apply to the Court of Protection, which is a lengthy and costly process.

The capacity requirement

An LPA must be made while you have mental capacity. If you lose capacity before registering an LPA, the option is gone. Your family is then left with the Court of Protection route, which can take months, cost thousands of pounds, and imposes ongoing reporting requirements.

This is the part that surprises families most. They often assume they can sort the paperwork once a parent becomes unwell. By that point, it may already be too late.

Why doing both at once makes practical sense

1. The legal work overlaps. Your solicitor will already know your circumstances, your family structure, and your assets. Handling both documents together avoids going through that process twice.
2. The cost is lower combined. Many solicitors offer a reduced fee for handling a will and LPA in the same instruction.
3. The mindset is the same. You are thinking about what happens if things go wrong. It makes sense to cover both scenarios, incapacity and death, at the same time.

What to think about before you see a solicitor

For your will, you will need to think about who benefits from your estate, who acts as executor, and whether you want to set up any trusts. For your LPA, you will need to think about who you want to act as your attorney and whether there are any specific instructions you want to include.

Devonshire Wealth connects families with solicitors and estate planning specialists who can handle both a will and an LPA in one appointment. Visit our will and LPA page to find a qualified professional near you.