Is a Lasting Power of Attorney More Important Than a Will? Insights from Martin Lewis

11th Mar 2026

When consumer finance expert Martin Lewis speaks, the public tends to listen. Earlier this month, he urged UK households to put a Lasting Power of Attorney (LPA) in place, calling it “arguably more important than a will.”

His comments have prompted a surge of public interest, and rightly so. LPAs are one of the most effective legal safeguards we have, yet millions of people still don’t have one.

In this article, we explain why LPAs matter and what can go wrong without one.

What is a Lasting Power of Attorney?

The first question we should clear up is “what is a Lasting Power of Attorney”. Known simply as an LPA, it’s a legal document that lets you appoint trusted individuals (your attorneys) to make decisions on your behalf if you were to lose mental capacity due to illness, a serious injury, or an age‑related condition.

There are two types:

• Health & Welfare LPA: This covers decisions about your medical treatment, living arrangements, and care.
• Property & Financial Affairs LPA: This covers decisions about banking, bills, property, and investments.

These protections only work if your LPA is created and registered while you still have capacity.

Why Martin Lewis Says an LPA is Essential

During a recent broadcast and social media update, Martin Lewis warned that:

• An LPA is “arguably more important than a will” because it protects you while you are alive, not after death.
• Without an LPA, even a spouse, legal partner, or child may be legally blocked from accessing your bank accounts to pay essential bills or care costs.
• LPAs are not just for older people – revealing that he set one up in his 30s.

His comments reflect the reality that sudden incapacity is not age‑specific. Our team of experts represent individuals of all ages who have suffered serious injuries, which have caused temporary or permanent capacity issues. So, we know more than most how illnesses, incidents, and neurological conditions can affect anyone.

What Happens if You Don’t Have an LPA?

Unfortunately, many people don’t discover the answer to this question until they’re in a crisis. Without an LPA:

• Bank accounts can be frozen, meaning your family can’t pay bills, mortgage payments, or care costs.
• Care decisions may be delayed because no one has legal authority to act for you.
• Your wishes on life-sustaining treatment may not be adhered to.
• Your loved ones must apply to the Court of Protection to become your Deputy and this process can:
  • Take 6–12 months, sometimes longer
  • Involve ongoing supervision fees
  • Require extensive reporting and annual reviews

During this period, families often experience severe stress, financial hardship and emotional strain, all while dealing with a difficult medical situation.

Martin Lewis highlighted that many people assume their families can “just step in” if something happens, but unfortunately, this isn’t how the law works.

If you however have a loved one who didn’t put an LPA in place, and you’re now facing having to deal with the Court of Protection, our experts can provide advice, assistance and representation to help relieve you of any additional stress.

Why You Should Use a Solicitor For Your LPA

While LPAs can technically be completed without professional help, there are risks:

• Mistakes in the forms can lead to rejection, adding months of delays.
• Incorrect instructions or restrictions can cause legal problems later.
• Choosing the wrong LPA structure can unintentionally limit how decisions are made.

Expert guidance ensures that your LPA is drafted correctly, reflects your wishes, and stands up to scrutiny if ever needed.

Our Court of Protection and LPA specialists support individuals and families across the UK and provide tailored, empathetic guidance on every aspect of the process.

Final Thoughts: Act Now, Protect Your Future

Martin Lewis’s message is clear: too many people delay creating an LPA until it’s too late.The consequences of inaction can be life‑changing, not just for you, but for the people you love.

An LPA is one of the simplest, most powerful tools you can put in place to safeguard your finances and welfare, and give you and your family peace of mind.

If you’re ready to protect your future, HCC Solicitors is here to help.

Our team can prepare your LPA efficiently and correctly, ensuring your wishes are heard if the unexpected happens. Simply contact us today for a no obligation conversation.