Wills vs. Power of Attorney: Clearing Up the Confusion 🤔
14 August 2025 /
It’s easy to mix up wills and powers of attorney in the UK. Many people do!
You might have heard someone say, “My executor is my attorney,” or, “I’ve got a will, so I’m covered if anything happens.”
If you’re unsure about the difference between wills vs power of attorney in the UK, you’re not alone.
This article will help you understand what each document does—and why both matter.
What Does a Will Do? | Wills vs Power of Attorney UK Explained 📜
A will is your written plan for what happens to your money, property, and possessions after you die.
It names your executors—the people you trust to carry out your wishes.
- Takes effect only after you die
- Executors act after your death
- Covers who inherits your home, savings, and personal items
A will can also include funeral wishes and special gifts.
But remember, it’s only read after you’ve gone.
What Does a Power of Attorney Do? | Wills vs Power of Attorney UK Guide📝
A power of attorney is different.
It’s a document you make while you’re alive.
It lets you choose someone (your attorney) to act for you if you can’t make decisions yourself.
- Applies while you’re alive
- Attorneys step in if you lose capacity (from illness or accident)
- Two main types:
- Property & Financial Affairs LPA: Handles money, bills, and property
- Health & Welfare LPA: Covers medical care, daily routine, and living arrangements
You can have one or both types. For more details, visit the official UK government page on LPAs.
Executors vs. Attorneys: Why the Mix-Up? 🤷♂️
It’s common to confuse the two roles. Here’s why:
- Executors: Act after your death, following your will.
- Attorneys: Act while you’re alive, if you can’t make decisions.
Having one does not mean you have the other.
You might have a will but no power of attorney—or the other way round.
Can They Be the Same Person? 👥
Yes, you can choose the same person as both your executor and attorney.
But you don’t have to.
Some people pick different people for each role.
Think about who would be best for each job.
What Happens If You Only Have One? ⚠️
- Will but no Power of Attorney:
- If you lose capacity, no one can step in automatically. Your family might need to go to court. This can take time and cause stress.
- Power of Attorney but no Will:
- Your attorneys can help while you’re alive. But after you die, your estate is shared according to the law—not your wishes—unless you have a will.
Quick-Check Table 🗂️
| Task/Decision | Who’s Responsible? | When Does It Apply? | Which Document? |
|---|---|---|---|
| Pay bills if you lose capacity | Attorney | While you’re alive | Power of Attorney (LPA) |
| Decide who gets your house | Executor | After your death | Will |
| Consent to medical treatment | Attorney | While you’re alive | Health & Welfare LPA |
| Arrange your funeral | Executor/family | After your death | Will (if wishes included) |
Why Both Matter ❤️
Wills vs power of attorney UK:
Both are essential documents.
They work together to protect you and your loved ones at different times in your life.
Final Thoughts 🌟
Legal documents can feel confusing. That’s normal!
The key thing is to know wills and powers of attorney are different.
Both are important.
Taking time to get them sorted is one of the kindest things you can do for those you care about.
Understanding wills vs power of attorney UK helps ensure your wishes are respected both during your lifetime and after.
To chat these important matters through contact us here –
This article is for general information only and not legal advice. For official guidance, see the UK government’s info on wills and powers of attorney.
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