Your Will
Only Protects
Your Family After
You're Gone.
But what protects them - and you - while you're still here? Most people with a Will in place have a gap they don't know about. OnPoint Wills & Trust wants to make sure you're not one of them.
Your Will is what you want to happen. A Power of Attorney ensures it can.
Understanding the gap
Two Legal Documents.
Two Very Different Purposes.
Most people think a Will covers everything. It doesn't. A Will and a Power of Attorney protect you at completely different points in your life.
What you have
Your Will
A Will is a vital document that sets out exactly where your assets go and who looks after your affairs when you die. It's the foundation of any estate plan and you've already done the right thing by having one in place.
But here's the thing - a Will is only a piece of paper while you're alive. It has no legal power until you pass away. It cannot protect you, or give your loved ones the authority to act for you, during your lifetime.
Activates after deathWhat most people are missing
A Power of Attorney
A Lasting Power of Attorney (LPA) is a separate legal document that lets you choose who can make decisions on your behalf if you're ever unable to do so yourself - through illness, an accident, or loss of mental capacity.
Without one, even a spouse or partner has very limited legal authority to step in. The courts decide who takes control - not you. And that process takes months, costs thousands, and happens at the worst possible time.
Protects you while you're aliveWhy it matters
Real Situations Where a
Power of Attorney Makes All The Difference
A sudden illness or accident
If you're hospitalised and unable to manage your finances, your partner cannot access accounts in your sole name. Bills go unpaid. Decisions get delayed. And there's nothing a Will can do about it.
Loss of mental capacity
Conditions like dementia can progress quickly. A Power of Attorney must be in place before capacity is lost - once it's gone, it's too late to arrange one. The window to act is now, not later.
Joint accounts aren't enough
Many people assume joint accounts protect them. Banks can restrict access to joint accounts when one holder loses capacity. Anything in your sole name - savings, pensions, contracts - requires legal authority to touch.
Without one, the courts step in
If no Power of Attorney is in place, your family must apply to the Court of Protection to be appointed as your deputy. This typically takes several months, involves significant legal costs, and the court - not you - decides who gets the authority.
Health and welfare decisions
There are two types of LPA - one for financial decisions, one for health and welfare. The health and welfare version means someone you trust can make medical decisions for you, in line with your own wishes.
You stay in control
A Power of Attorney doesn't take anything away from you. You remain completely in charge for as long as you have capacity. It simply means someone you trust is ready to step in if you ever need them to.
Common misconceptions
What Many Will Holders Get
Wrong about Power of Attorney
These are the conversations Daniel has most often with clients who already have a Will.
"My husband or wife would just handle everything."
Spouses and civil partners have no automatic legal right to manage each other's finances. Even with a joint bank account, banks can restrict access if one account holder loses capacity. Without a Power of Attorney in place, your partner would need to go through the Court of Protection - a lengthy and expensive process.
"I'm too young to need one - that's for elderly people."
Anyone over 18 can and arguably should have a Power of Attorney. Illness and accidents don't discriminate by age. The critical point is that you can only set one up while you still have full mental capacity. Once capacity is lost, it is too late. Waiting is the one thing that makes it harder, not easier.
"I've got a Will - that should cover it."
A Will and a Power of Attorney do completely different jobs. A Will takes effect only after you die. A Power of Attorney covers you while you're alive but unable to act for yourself. You need both - one without the other leaves a significant gap in your protection.
"I can always sort this out later when I need it."
The problem is you cannot set up a Power of Attorney after you've lost the capacity to do so. By the time it feels urgent, it may already be too late. The point of doing it now - while everything is fine - is exactly so that you never have to find out what happens if you don't.
What happens next
Three Steps to Completing Your Estate Plan
Book Your Free 15-Minute Call
Choose a time that works for you using the calendar below. No forms to fill in beforehand. No preparation needed. Just a straightforward conversation.
We'll Review Your Situation
On the call, we will walk you through exactly how a Power of Attorney works, what it covers in your specific situation, and how to get one in place.
You Decide - No Pressure, Ever
There is absolutely no obligation to proceed. The call is about making sure you have the information you need. If a Power of Attorney makes sense for you, we will explain exactly what's involved and how OnPoint handles the process.
Book Your Free Power of Attorney Consultation
Speak to Daniel, Our Managing Director
Choose a time below. The call is 15 minutes, completely free, and there is no obligation whatsoever.
Daniel
Managing Director, OnPoint Wills & Trusts
"A Will is one of the most important documents you can have in place. But on its own, it only tells half the story. I do these calls because I'd rather my clients know about the gap before it becomes a problem - not after."