Should I set up a Lasting Power of Attorney at the same time as writing my will?

Many people choose to deal with a will and a Lasting Power of Attorney (LPA) together, and there is a practical reason for doing so: both documents are concerned with what happens when you can no longer make decisions for yourself, but they cover different situations.

A will only comes into effect after you die. An LPA, by contrast, takes effect while you are still alive but have lost mental capacity — for example, through a stroke, dementia, or a serious accident. Without an LPA in place, even close family members have no automatic legal authority to manage your finances or make healthcare decisions on your behalf.

There are two types of LPA in England and Wales. A property and financial affairs LPA allows a named attorney to deal with your bank accounts, property, bills, and investments. A health and welfare LPA covers decisions about your medical treatment and daily care. You can set up one or both, depending on your circumstances.

Dealing with both your will and your LPAs at the same time is common because the paperwork overlaps — you are already thinking about who you trust, what your wishes are, and how your estate and care should be managed. It also means the documents are less likely to conflict with each other.

Timing matters. An LPA must be registered with the Office of the Public Guardian before it can be used, which can take several months, so waiting until a health crisis arises is often too late.

For guidance on whether an LPA fits your personal situation alongside your estate planning, speak to a regulated financial adviser or a solicitor who specialises in this area.