What Should I Do First: Will, LPA, or Both? A Practical Guide for LGBTQ+ Over-50s in the UK

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When planning for later life, especially if you identify as part of the LGBTQ+ community, navigating the complexities of legal and healthcare arrangements can feel daunting. With trust issues, discrimination concerns, and the unique realities of chosen families, deciding whether to set up a will or a Lasting Power of Attorney (LPA) first is a crucial step.

In this guide, we’ll break down the priority between will vs LPA, outline clear LPA setup UK steps, and touch on essential considerations in estate planning for unmarried couples in the UK. We'll also highlight invaluable community organisations like Opening Doors, resources from the NHS, and social supports through platforms including the Gay London Life Events Diary. Plus, we'll show you how to share this information easily with friends or advisers via WhatsApp and Pinterest.

Understanding the Basics: What Are Wills and LPAs?

Before we dive into deciding priority, it helps to clarify what a will and an LPA are:

Will: A legal document that dictates how your estate (property, money, possessions) will be distributed upon your death.
Lasting Power of Attorney (LPA): A legal authorisation you give to one or more trusted people to make decisions on your behalf while you are still alive but lack capacity. There are two types:
- Health and Welfare LPA: Covers decisions about medical treatment, care, and where you live.
- Property and Financial Affairs LPA: Covers managing money, bills, property, and financial affairs.

Why Is This Especially Important for LGBTQ+ People Over 50?

Many LGBTQ+ individuals over 50 experience a unique set of challenges:

Trust and discrimination in healthcare: Despite NHS commitment to equality, real or perceived discrimination influences how some access health services. This can affect the willingness to share personal details or to name someone in official documents who understands and respects their identity.
Late presentation and worse health outcomes: Social isolation and avoidance of healthcare due to stigma can delay diagnosis and treatment.
Living alone and isolation: Many in the community live alone or have experienced family estrangement, increasing reliance on chosen family and friends.
Legal standing of chosen family: Without formal legal arrangements, partners or close friends may lack authority to make decisions or inherit assets, leading to distressing situations.

Organisations like Opening Doors provide vital social and advocacy services tailored to LGBTQ+ people aged 50 and above. These services not only reduce isolation but also offer guidance on legal and healthcare navigation.

Will vs LPA Priority: What Should You Do First?

From experience and working with community volunteers in South London, my recommendation is:

Set up your LPA(s) first. Why? Because an LPA empowers someone you trust to make urgent decisions about your health and finances while you are alive, especially if you lose capacity unexpectedly.
Next, create or update your will. Ensuring your estate is distributed per your wishes after your death is vital, but without an LPA, you risk losing control during life-altering events.

If you delay setting up an LPA, decisions about your care and finances may fall to the NHS or local authorities, who will seek to appoint a deputy through the Court of Protection — a process that is costly, time-consuming, and may not involve people you trust.

Real-Life Context:

Imagine living alone, and after a fall, being admitted to hospital unconscious. Without an LPA authorising a trusted friend or partner to make decisions, hospital staff may proceed with limited information or delay care plans, possibly overriding your personal preferences.

Steps to Set Up an LPA in the UK

The process can seem bureaucratic but is straightforward when broken down:

Choose your attorney(s): A person or people you trust completely. For LGBTQ+ individuals, chosen family or close friends may be more appropriate than next of kin.
Decide on the type(s) of LPA:
- Health and Welfare
- Property and Financial Affairs (you can have one or both)
Download or order the LPA forms: Available via the UK Government website.
Complete the forms: You, your attorneys, and a certificate provider (someone who confirms you have mental capacity and are not under pressure) must sign.
Register the LPA with the Office of the Public Guardian (OPG): This is mandatory before it can be used and can take up to 20 weeks, although expedited services are available in some circumstances.
Inform the NHS and your GP: Once registered, share your LPA details with your GP and healthcare providers to ensure your attorney’s authority is recognised promptly.

Resources like Opening Doors often run workshops or provide legal signposting to support members through this process.

Estate Planning for Unmarried Couples in the UK

Because civil partnerships and marriage confer legal inheritance rights, unmarried couples — including many within the LGBTQ+ community — must take extra steps to protect their interests:

Make a clear, valid will: Without a will, your partner has no automatic right to inherit, even if you’ve lived together for decades.
Use LPAs to grant decision-making powers: So that in an emergency, your partner can act on your behalf without legal hurdles.
Consider complementary legal protections: E.g., tenancy agreements for housing rights, joint bank accounts, and pensions nominations.

Many funeral and healthcare organisations and community events, such as those listed in the Gay London Life Events Diary, provide informational sessions about these topics, supporting informed choices.

Trust and Discrimination: Know Your Rights in Healthcare

It’s a bitter reality that mistrust lingers for many LGBTQ+ people accessing healthcare. The NHS actively promotes inclusive, non-discriminatory services, but personal experiences vary.

Establishing an LPA ensures someone who understands you and your needs can advocate effectively, reducing risk of misunderstanding or discrimination. Always:

Notify your GP and other healthcare providers about your LPA and share copies.
Keep your LPA paperwork accessible in emergencies.
Consider mentioning your LPA during hospital admissions or treatments.

Sharing This Guide: Help Your Network Stay Informed

Legal and healthcare planning can be overwhelming, especially under the weight of isolation or stigma. Sharing trusted resources can make a real difference in your community.

Use these handy tools to share this post and related materials:

WhatsApp Share: Click to forward concise info or the full article to your community groups or chosen family for wider understanding.
Pinterest Share: Pin checklists, legal forms, and event invites for easy access and future reference.

Practical Checklist: First Steps to Take

Step Action Resources Notes 1 Choose your attorney(s) Friends, chosen family, Opening Doors advice Ensure they are willing and able to act 2 Decide which LPA(s) you need Gov.uk Power of Attorney Usually both health and financial recommended 3 Complete and sign LPA forms Solicitors or Trusted Advisor Use a certificate provider to confirm capacity 4 Register LPA with Office of the Public Guardian Register LPA Processing may take several weeks 5 Create or update your will Solicitor, Will-writing services Reflects your current wishes and circumstances 6 Inform healthcare providers and share documents GP, NHS Trusts, local health services Helps ensure smooth decision-making 7 Attend community events for additional support Gay London Life Events Diary Opportunities for social connection and learning

Final Words

Taking control of your future through legal and healthcare planning is an act of empowerment, particularly for LGBTQ+ people over 50 who may face additional challenges due to social isolation or discrimination.

Setting up your LPA should be your first priority—providing peace of mind that those you trust can speak for you if you cannot. Then, ensure your will reflects your personal wishes, especially when traditional inheritance assumptions don’t apply due to unmarried status or chosen family arrangements.

If you need guidance, reach out to Opening Doors for specialist support, consult the NHS resources, and connect with others via the Gay London Life Events Diary.

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Remember, it’s your life, your rights, and your peace of mind. Planning ahead can help ensure your wishes are honoured without unnecessary conflict or delay.

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