Power of Attorney vs Lasting Power of Attorney Explained

The Different Types of Power of Attorney

"Power of Attorney" is a broad term that covers several different legal documents. Understanding which type you need is crucial for proper protection.

Types of Power of Attorney in England and Wales

Lasting Power of Attorney (LPA) - Continues even if you lose mental capacity

Ordinary Power of Attorney - Only valid while you have mental capacity

Enduring Power of Attorney (EPA) - Pre-2007 version (no longer available)

Lasting Power of Attorney (LPA)

This is what most people need. An LPA:

• Continues if you lose mental capacity
• Must be registered with the OPG before use
• Comes in two types: Property & Financial Affairs, and Health & Welfare
• Can include restrictions and preferences
• Provides long-term protection

LPAs are designed for situations where you might become unable to make decisions, whether through dementia, stroke, accident, or other incapacity.

Ordinary Power of Attorney

An Ordinary Power of Attorney is a simpler document that:

• Ends automatically if you lose mental capacity
• Does not need registration with the OPG
• Only covers property and financial matters
• Is typically used for short-term, specific purposes

When to Use an Ordinary Power of Attorney

Common uses include:

• Allowing someone to sell a property while you're abroad
• Authorising someone to access specific accounts temporarily
• Handling a business transaction when you can't be present
• Managing affairs during a planned absence

Limitations of Ordinary Power of Attorney

The key limitation is that it becomes invalid the moment you lose mental capacity. This makes it unsuitable for:

• Long-term planning
• Protection against illness or dementia
• Healthcare decisions

Making the Right Choice

Choose an LPA if you want:

• Protection that continues if you can't make decisions
• Someone to make healthcare choices for you
• Long-term peace of mind
• Your family to avoid the Court of Protection

Choose an Ordinary Power of Attorney if you need:

• Someone to handle a specific, short-term task
• Temporary management while you're unavailable
• A quick, unregistered document for immediate use

Can I Have Both?

Yes. You might have an Ordinary Power of Attorney for a specific purpose (like a property sale) alongside LPAs for long-term protection. The important thing is understanding what each document does and doesn't cover.

The Most Important Difference

An Ordinary Power of Attorney is a temporary convenience. A Lasting Power of Attorney is essential protection.

Without an LPA, if you suddenly lose capacity through accident or illness, your Ordinary Power of Attorney becomes worthless—and your family faces the expensive, lengthy process of applying to the Court of Protection.

Take Action Today

Don't leave your protection to chance. At myLPA, we help thousands of UK families create proper Lasting Powers of Attorney.

Both types of LPA from just £140. Expert guidance included.

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