What a Will does
A Will appoints executors, names beneficiaries, can appoint guardians and can create trusts. It has no general authority to let somebody manage your finances while you are alive.
What an LPA does
A Property and Financial Affairs LPA can authorise attorneys to deal with financial matters. A Health and Welfare LPA can authorise decisions about care and treatment when the donor lacks capacity for that decision.
Executors and attorneys are different roles
Attorney authority ends on the donor’s death. The executors then take over estate administration under the Will. The same person can be appointed to both roles, but the legal authority is different.
Why couples should not rely on each other automatically
Marriage or partnership does not automatically give unrestricted authority over a spouse’s sole bank accounts or health decisions. LPAs create the formal authority that organisations may require.
Property planning needs all documents to align
If the home is held as tenants in common and a Will creates a Property Protection Trust, the Will, title/beneficial ownership and LPAs should be reviewed together. Attorneys need to understand any restrictions on dealing with the donor’s property.
Review both after major life changes
Marriage, divorce, separation, death of an attorney or executor, changes in health and significant asset changes can justify a coordinated review rather than updating one document in isolation.
A practical planning checklist
- Valid, up-to-date Will
- Property & Financial Affairs LPA
- Health & Welfare LPA
- Property ownership reviewed
- Pension and policy nominations checked
- Executors and attorneys know where documents are stored
Frequently asked questions
Does my Will let my executor act while I am alive?
No. Executor authority arises on death. Lifetime decision-making authority is dealt with separately, usually through an LPA.
Do I need both types of LPA?
They cover different decisions. Many people choose both because financial and health/welfare risks are different.
Can my attorney also be my executor?
Yes. The same person can be appointed, but they act under different legal authority at different times.
Should I make LPAs if I am young and healthy?
An LPA is contingency planning. It can be easier to put one in place while capacity is unquestionably clear rather than during a crisis.
Tell us what you want to achieve
You do not need to know the name of the legal document or trust before speaking to us. Explain the family, property or planning issue and we can discuss the relevant options.