The Difference Between Ordinary and Lasting Power of Attorney in the UK Explained Clearly

If you’ve been putting off sorting a power of attorney because it feels “for later”, you’re not alone. Most people only look into it when something happens — an illness, an accident, a sudden hospital admission, or a loved one’s health starting to change. The problem is that timing matters. Some options are only available while you still have mental capacity, and the “wrong” document can leave your family stuck when they need to act quickly.

In the UK, the biggest point of confusion is the difference between an Ordinary Power of Attorney (sometimes called a General Power of Attorney) and a Lasting Power of Attorney (LPA). They sound similar, but they work very differently — and they protect you in different situations.

This guide explains the difference in plain English, with practical examples, costs, and the common traps we see.

If you want more background first, Athi Law also has a helpful overview here: Power of Attorney.

What “Power of Attorney” actually means

A power of attorney is a legal document where you (the “donor”) appoint another person (your “attorney”) to make decisions or carry out tasks on your behalf.

That might be:

• dealing with your bank and bills

• managing a property sale

• speaking to pension providers

• making decisions about care and medical treatment (depending on the type)

Where people get caught out is assuming any power of attorney will still work if they lose capacity. That isn’t true.

Ordinary Power of Attorney (OPA): what it is — and what it is not

An Ordinary Power of Attorney is usually used for short-term practical help while you still have capacity.

What an Ordinary Power of Attorney is good for

You might use an OPA if, for example:

• you’re working abroad for 6 months and need someone to manage your UK finances

• you’re recovering from surgery and don’t want to deal with admin

• you’re selling a house and can’t attend appointments or sign paperwork easily

• you want someone to deal with a specific one-off task, like speaking to HMRC or a bank

The key limitation (this is the deal-breaker for most people)

An OPA stops being valid if you lose mental capacity.

So if you had an ordinary power of attorney in place, then later developed dementia, had a severe stroke, or lost capacity after an accident, your attorney’s authority ends at that point. 

That’s why an OPA is not a “future planning” document. It’s a practical tool for the present.

How long does it last?

An ordinary power of attorney usually lasts:

• until you revoke it, or

• until the date you put in the document, or

• until you lose mental capacity (automatically), or

• until you die

Do you register an OPA?

No. An ordinary power of attorney is not registered with the Office of the Public Guardian (OPG). That’s part of why it can be quicker to set up — but it’s also why it doesn’t offer the same protections as an LPA.

Lasting Power of Attorney (LPA): the one designed for “just in case”

A Lasting Power of Attorney is designed specifically for the scenario people worry about: what happens if you can’t make decisions for yourself.

You can only make an LPA while you still have mental capacity. But once it’s properly completed and registered, it continues to work if you later lose capacity.

And that’s the big difference:

• Ordinary POA = useful while you have capacity

• LPA = protects you if you lose capacity

Athi Law explains the LPA basics here: Understanding Lasting Power of Attorney. 

The 2 types of LPA (and why most people need both)

There are 2 separate LPAs in England and Wales:

1) Property and Financial Affairs LPA

This covers things like:

• bank accounts and bills

• pensions and investments

• benefits

• selling or managing property

• dealing with HMRC

• running a business (if structured properly)

In many cases, you can choose for this LPA to be used while you still have capacity (with your permission), which can be helpful if you want support but you’re still fully able to decide. 

2) Health and Welfare LPA

This covers:

• care decisions (home care vs care home, for example)

• day-to-day welfare (diet, routines, support)

• medical decisions

• life-sustaining treatment choices (if you choose to give that authority)

This LPA is typically used only if you lack capacity to make that specific decision at the time.

What happens if you don’t have the right document in place?

This is the bit most people don’t realise until it’s too late.

If you lose capacity without a registered LPA, your family usually cannot just “step in” and deal with things. In many situations they’ll need to apply to the Court of Protection to become a deputy.

That can involve:

• a £421 court application fee 

• a potential £259 hearing fee if the court says one is needed 

• a £100 assessment fee for new deputies 

• ongoing annual supervision fees (often £320 per year, depending on the level of supervision)

That’s before you even get into delays, admin, and the stress of trying to access money to pay basic bills at the same time as dealing with someone’s health.

By contrast, registering an LPA is a much more controlled process you can do in advance.

Costs in 2026: what you can expect to pay

LPA registration fee (Office of the Public Guardian)

As of 17 November 2025, the registration fee is £92 per LPA. 

So if you register both:

• Property and Financial Affairs LPA = £92

• Health and Welfare LPA = £92

• Total if you do both = £184

There may be remissions or exemptions depending on your circumstances.

“Hidden” cost: doing it wrong and having it rejected

LPAs are commonly delayed or rejected for avoidable mistakes (signing in the wrong order, missing details, incorrect witnessing, inconsistent instructions). Media reporting has highlighted a sharp rise in rejections and the costs that follow when families have to reapply. 

This is exactly why many people prefer to have a solicitor guide the process — not because the forms are impossible, but because the consequences of a small mistake can be a big delay when you need the document urgently.

How long does it take to register an LPA?

The OPG’s published guidance says it typically takes 8 to 10 weeks, and that includes a statutory waiting period of 4 weeks.

Real-world timeframes can vary depending on volume and whether the application needs checks. Official reporting has also discussed backlogs and performance targets in recent years. 

Why this matters more than people think (UK reality check)

Planning ahead isn’t about being pessimistic. It’s about recognising how common capacity-changing events are.

For example:

• There are an estimated 982,000 people living with dementia in the UK (projected to rise significantly in the coming years). 

• The UK sees around 100,000 strokes a year, and stroke can affect speech, decision-making, and capacity. 

Not every stroke or diagnosis removes capacity — but you don’t get to choose the timing. An LPA gives you control over who helps you, and how.

A clear comparison: Ordinary vs Lasting Power of Attorney

Ordinary Power of Attorney

• Works only while you have mental capacity

• Often used for short-term help

• Not registered with the OPG

• Ends automatically if you lose capacity

• Doesn’t cover health and welfare decisions

Lasting Power of Attorney

• Specifically designed for loss of capacity

• Must be made while you have capacity, then registered

• Continues to work if you lose capacity

• Comes in 2 types (financial + health)

• Lets you include safeguards, preferences, and limits

Common real-life scenarios (so you can see what you actually need)

Scenario 1: “I’m travelling a lot for work”

If you just need someone to deal with paperwork while you’re away, an ordinary power of attorney might be enough — as long as the goal is short-term admin and you still have capacity throughout.

But if you want proper protection “just in case”, an LPA is still the safer option.

Scenario 2: “My parent is starting to struggle with memory”

If your parents still have capacity, this is the moment to look at an LPA. Leaving it too late can force you down the deputieship route.

A practical next step can be reading Athi Law’s post on LPA planning: Lasting Power of Attorney: The 2025 Rules Every Family Should Know.

Scenario 3: “I’m selling a property but I can’t sign everything”

Depending on timing, an OPA can be used for specific tasks like a sale — but you should still get proper advice if there are mortgages, joint owners, or wider estate-planning issues.

If your situation overlaps with inheritance planning, it’s worth looking at Wills and Probate too.

Choosing your attorney: what to think about (beyond “someone I trust”)

Trust matters, but you also want someone who is:

• organised (they’ll deal with banks, forms, care providers)

• calm under pressure

• willing to speak up for you

• able to keep records properly

A useful read (especially if you’re appointing more than 1 person) is: Joint vs Sole Attorneys: Which Option Suits Your LPA Needs?.

And if you’re appointing someone, it helps to understand what the role involves: Understanding the Responsibilities of a Lasting Power of Attorney.

How to avoid the most common LPA mistakes

Here are the problems we see time and time again:

1. Signing in the wrong orderLPAs have a strict signing and witnessing sequence.

2. Using the wrong witnessNot every witness is suitable — and errors here can cause rejection.

3. Unclear instructionsIf you add conditions that conflict with how banks or care decisions work, your attorney can end up stuck.

4. Not matching names/addresses exactlySmall inconsistencies can slow the process.

5. Leaving it unregisteredAn LPA isn’t properly usable until it’s registered — and that can take weeks. 

If you want support with documents and formal signing, Athi Law can also help with related services like Independent Legal Advice and Independent Legal Advice For Mortgage.

FAQs

Can you have an ordinary power of attorney and an LPA at the same time?

Yes. An ordinary power of attorney can help with short-term tasks, and an LPA can sit in the background as your longer-term protection. The key is making sure they don’t conflict, and that everyone understands which document applies in which situation.

Do you need a solicitor to set up an LPA?

You don’t legally have to. But because mistakes can lead to rejection or delay (often when time matters most), many people choose legal help to get it right the first time. 

Can an attorney make decisions whenever they want?

Not with an LPA. Attorneys must act in your best interests and follow the Mental Capacity Act principles. For Health and Welfare decisions, they generally step in only when you lack capacity for that particular decision.

How much will it cost me in total?

The OPG fee is £92 per LPA in 2026.Beyond that, solicitor fees vary depending on complexity (for example, multiple attorneys, business assets, tailored instructions, or urgent timeframes).

What if you lose capacity before putting an LPA in place?

That’s when your family may need deputyship through the Court of Protection, which involves court fees and ongoing supervision fees.

How Athi Law can help

If you’re not sure which document fits your situation or you want to make sure your LPA is done properly, registered smoothly, and structured to avoid problems later — Athi Law can guide you in plain English and keep the process practical.

If you’d like to get started, contact Athi Law and you can talk through your options, your family setup, and what you want the document to achieve — so you can put the right protection in place, before you need it.