Is a Lasting Power of Attorney More Important Than a Will?

christy800
May 16
3 min read

When most people think about planning for the future, their first thought is, "I need to write a will." And yes—a will is essential. But there's another document that's often overlooked and arguably just as important (if not more so): the Lasting Power of Attorney (LPA).

In fact, for many people, having an LPA in place could have a bigger day-to-day impact than a will. Why? Because a will only takes effect after you've passed away. An LPA protects you while you're still alive—at a time when you might need it most.

At LCS Legal, we've helped countless families navigate both. And we're here to explain why an LPA might just be the unsung essential in your estate plan.

What Is a Lasting Power of Attorney (LPA)?

An LPA is a legal document that allows you to appoint someone you trust (your "attorney") to make decisions on your behalf if you lose the mental capacity to do so yourself.

There are two types:

Property and Financial Affairs LPA – for decisions about money, bills, pensions, and property.
Health and Welfare LPA – for decisions about medical treatment, care, and even daily routines.

Without an LPA, no one—not even your spouse or adult children—can automatically step in to help with these matters.

Why LPAs Matter More Than People Think

Let’s put it plainly:

If you lose mental capacity due to illness, accident, or age-related conditions like dementia…
And you don’t have an LPA in place…
Your loved ones will have to go through the Court of Protection to get permission to act on your behalf.

That process is:

Slow
Costly
Stressful

Meanwhile, bills go unpaid, care decisions are delayed, and your family may feel helpless.

With an LPA? They can act quickly, confidently, and in line with your wishes.

Common Misconceptions About LPAs

"I already have a will. Isn’t that enough?" Nope. Your will takes over only after death. An LPA protects you while you're still here.

"My partner can just take over if something happens." Not legally. Without an LPA, they’ll need court approval.

"I’m too young to worry about this." Sadly, accidents and illness can happen at any age. Having an LPA is about being prepared, not pessimistic.

LPA vs. Will: Which Should Come First?

It’s not about one or the other. You should have both.

But if you had to choose one today?

A will guides what happens after you die.
An LPA protects your life while you're living.

Many experts, including financial voices like Martin Lewis, argue that the LPA deserves more attention than it gets—because it can make a huge difference when you need help most.

How LCS Legal Can Help

We understand that talking about incapacity and death isn’t easy. That’s why we make it simple, clear, and personal.

We’ll: