What’s the Difference Between a Will and an LPA?
Being appointed under a Lasting Power of Attorney does not give somebody unlimited control.
Being appointed under a Lasting Power of Attorney does not give somebody unlimited control.
Their authority depends on which LPA exists, what the document permits, whether it has been registered and, for the particular decision, whether the legal conditions for using it have been met.
The formal legal term for the person appointed under an LPA is an “attorney”. In MH360 information we generally use “the person appointed under the LPA” because it is clearer in everyday language.
They must start with the person, not the power
The Mental Capacity Act starts from the assumption that an adult can make their own decisions unless it is established otherwise.
The person appointed should support the individual to decide for themselves wherever possible.
They cannot simply take over because the individual is elderly, has dementia, makes choices the family dislikes or needs help in another area of life.
What can someone appointed for finances do?
A property and financial affairs LPA may give authority over matters such as bank accounts, bills, tax, benefits, pensions, investments and property.
The exact authority depends on the LPA.
The person’s money must be kept separate from the appointee’s own money except for existing jointly held arrangements, and records should be kept. The role must be used for the donor’s benefit, not as access to family money.
Can they sell the person’s house?
A property and financial affairs LPA can potentially include authority to buy or sell the person’s home.
But that does not mean the appointed person can sell it whenever they choose or for their own benefit.
Government guidance specifically says legal advice is needed in situations such as a sale below market value, the appointed person wanting to buy the property themselves or giving it to somebody else.
Can they give the person’s money away?
Gift-making powers are restricted.
Government guidance permits some gifts in limited circumstances, such as reasonable gifts on customary occasions or certain charitable donations, provided the person can afford them.
Other gifts can require Court of Protection authority.
An LPA should never be treated as permission to distribute an older person’s assets early because relatives expect eventually to inherit them.
What about health and care decisions?
A health and welfare LPA may cover matters such as daily care, medical treatment and where the person lives, but it can only be used when the individual lacks capacity for the relevant decision.
The document itself also matters. It may contain instructions or limits, and life-sustaining treatment has specific provisions.
Other legal rules can sometimes override or limit what the appointed person can decide.
Can they change the person’s will?
No. A person appointed under an LPA cannot simply rewrite the donor’s will.
If someone lacks the capacity to make a will and a new or changed will is genuinely required, an application for a statutory will can be made to the Court of Protection.
That is a separate legal process and not an ordinary power under an LPA.
What if they misuse the role?
The Office of the Public Guardian can investigate concerns about the way an LPA is being used.
A person appointed under an LPA can be required to account for decisions and may face consequences for misuse.
If there is concern that somebody is taking money, acting for themselves rather than the donor, pressuring the donor or making decisions outside their authority, obtain appropriate professional advice and consider reporting the concern.
Last reviewed
5 September 2026
Important legal informationThis guide provides general information only and does not constitute legal advice. It is not intended to recommend any particular legal arrangement, course of action or solution. Wills, inheritance, trusts, powers of attorney, mental capacity and related matters can have significant legal and financial consequences, and the appropriate approach will depend on individual circumstances. Professionally qualified legal advice should be sought before making, changing or acting upon important legal arrangements or decisions.