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

When you need someone to make decisions for you, understanding the difference between an Ordinary Power of Attorney (OPA) and a Lasting Power of Attorney (LPA) is key. An Ordinary Power of Attorney only works while you still have mental capacity, but a Lasting Power of Attorney continues even if you lose the ability to make decisions. This makes the LPA a more reliable option for long-term planning.

You might use an OPA for short-term tasks, like handling finances while you’re away, but it stops as soon as you can’t make decisions yourself. On the other hand, an LPA lets you choose someone to look after both your financial matters and your health decisions if you become unable to do so.

Knowing which power of attorney suits your situation helps protect your interests and gives you control over who makes decisions on your behalf. It’s important to understand these differences so you can make the right choice for your needs. For more details, see the differences between Ordinary Power of Attorney and Lasting Power of Attorney.

Understanding the Different Types of Power of Attorney

When you give someone power of attorney, you let them act on your behalf. Different types exist to cover various needs and situations, each with specific rules about when they apply and what they allow.

Ordinary Power of Attorney

An ordinary power of attorney (OPA) lets someone handle your affairs for a limited time. You might use this if you are away or unable to manage certain tasks temporarily, like signing documents or handling bank transactions.

The important point is that an OPA stops as soon as you lose mental capacity. This means it isn’t suitable if you want someone to act for you if you become unable to make decisions later. It must be active and signed while you still fully understand your choices.

Lasting Power of Attorney

A lasting power of attorney (LPA) continues even if you lose mental capacity. You set it up while you have full mental capacity, naming one or more people to make decisions for you in the future.

There are two types of LPA:

• Property and Financial Affairs LPA: Lets your attorney handle money matters and property.

• Health and Welfare LPA: Allows decisions about medical care and living arrangements.

An LPA is more flexible than an OPA and must be registered with the Office of the Public Guardian before it can be used. It is the preferred option for longer-term planning.

Enduring Power of Attorney

An enduring power of attorney (EPA) is an older form used mainly before October 2007. It is similar to an LPA but only covers financial decisions.

EPAs remain valid after you lose mental capacity, like LPAs. However, you cannot create a new EPA today because LPAs replaced EPAs. EPAs already in place continue to be accepted by authorities.

Types of Decisions Covered

The types of decisions your attorney can make depend on the power of attorney document:

Type	Covers Financial Decisions	Covers Health & Welfare Decisions
Ordinary Power of Attorney	Yes, for a limited time	No
Lasting Power of Attorney (Property & Financial)	Yes	No
Lasting Power of Attorney (Health & Welfare)	No	Yes
Enduring Power of Attorney	Yes	No

You should choose the type(s) of power of attorney based on which decisions you want someone else to make for you and when. Knowing this helps you plan your affairs clearly. For more information, see the different types of powers of attorney.

Key Differences Between Ordinary and Lasting Power of Attorney

You need to understand how mental capacity, how long each lasts, and what powers they include affect the use of ordinary and lasting powers of attorney. These differences impact when and how you can appoint someone to act on your behalf.

Mental Capacity Requirements

An Ordinary Power of Attorney (OPA) only works while you have mental capacity. You must fully understand what decisions you’re authorising someone else to make. If you lose mental capacity at any point, an OPA ends immediately.

By contrast, a Lasting Power of Attorney (LPA) is designed to begin before or after you lose mental capacity. You must have capacity when you set up an LPA, but it continues even if you cannot make decisions later. This makes an LPA suitable for long-term planning.

Remember, for an LPA to be valid, it must be registered with the Office of the Public Guardian. The registration and approval process ensures you gave permission freely and understood what you were doing.

Duration and Revocation

An Ordinary Power of Attorney is temporary and ends if you lose mental capacity. It can also end if you cancel it, the task is done, or you pass away. There is no formal registration needed.

A Lasting Power of Attorney lasts until you revoke it or you die. Because it covers serious matters, you must register it with the Court of Protection before it can be used.

Once registered, you can still revoke an LPA as long as you have mental capacity. This means you control when your attorney can act and for how long.

Scope of Authority

An Ordinary Power of Attorney is usually limited to specific tasks, like managing your finances or handling legal papers. You decide exactly what powers to give, and the attorney cannot act beyond that.

A Lasting Power of Attorney can cover decisions about both your finances and health if you choose. You can grant one or both types of powers in separate LPAs.

Because LPAs cover ongoing decisions, attorneys must act in your best interests if you lose capacity. They also follow strict legal rules to protect you.

For more details on how these powers work, you can refer to this guide on the difference between ordinary and lasting power of attorney.

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Practical Uses and Considerations in the UK

When making decisions about powers of attorney, understanding how they apply to your property, finances, health, and welfare is essential. You should also consider whether your needs are temporary or require long-term planning to protect your interests effectively.

Property and Financial Affairs

An Ordinary Power of Attorney (OPA) lets someone manage your property and financial affairs while you still have mental capacity. You can use it for specific tasks like paying bills, selling property, or managing investments temporarily.

A Lasting Power of Attorney (LPA) for property and financial affairs covers these matters for longer periods, including times when you lose mental capacity, such as with dementia. This LPA lets your attorney continue to handle your finances if you no longer can, ensuring bills, rent, or mortgage payments are not missed.

You should choose an attorney you trust because they will act as if they were handling your finances themselves. Keep in mind, an OPA ends if you lose capacity, but a property and financial affairs LPA remains valid beyond that point. For more details, see differences explained at apw-ifa.co.uk.

Health and Welfare Decisions

Only a Lasting Power of Attorney can cover decisions about your health and welfare. This includes choices about living arrangements, medical treatment, and care home placements.

You must set up a health and welfare LPA while you have mental capacity, and it only takes effect if you lose the ability to decide for yourself. Your attorney can make decisions that respect your wishes about day-to-day care or serious medical treatment.

This type of LPA is important for long-term planning, especially if you fear conditions like dementia might affect you in the future. It allows others to act in your best interests without waiting for court intervention.

Temporary vs Long-Term Planning

Ordinary Powers of Attorney are useful for short-term tasks or when you are away and still mentally capable. They are easy to set up but stop working if you lose mental capacity.

Lasting Powers of Attorney suit long-term planning because they cover you even if you cannot make decisions later. You can have two LPAs — one for property and financial affairs and one for health and welfare.

Choosing between OPA and LPA depends on how long you need help. If your situation might change, setting up an LPA early is a strong choice. Review your decisions regularly to keep them up to date as your needs change. Learn more about setting up powers of attorney at ericrobinson.co.uk.

Legal Processes and Registration

You need to follow clear legal steps to create each type of power of attorney. The process includes preparing a legal document, involving specific people, and, in some cases, registering with a government body. Understanding these steps helps ensure your decisions remain valid and enforceable.

Creating a Power of Attorney

To create an Ordinary Power of Attorney (OPA), you must complete a legal document that clearly states what decisions your appointed attorney can make for you. You remain in control and have mental capacity during this time, so you can revoke it any time.

For a Lasting Power of Attorney (LPA), the process is more formal. You’ll select one or more attorneys who will manage your affairs if you lose mental capacity. You must fill out the official LPA forms carefully, covering decisions about health, welfare, property, or finances.

You will also need a certificate provider—someone who confirms you understand the document and are not under pressure when you sign it. This role is vital to protect you and others involved.

Role of the Office of the Public Guardian

The Office of the Public Guardian (OPG) oversees powers of attorney in England and Wales. They keep a register of LPAs to ensure attorneys act properly and legally.

If you create a Lasting Power of Attorney, the OPG will check your forms, confirm that everything is in order, and then add it to their register. This registration makes your LPA officially valid and ready for use.

The OPG can also investigate any concerns about misuse or abuse by attorneys. This helps protect you and your affairs from unfair treatment or fraud.

Registration for Lasting Power of Attorney

The LPA must be registered with the OPG before it can be used. You or your attorney can submit the LPA forms for registration. Registration usually takes several weeks to complete.

You need to register the LPA even if you still have mental capacity. This ensures the document is ready and active for when you might need it later.

If you want to add replacement attorneys or change details, you do this through the OPG as well. The registration process includes checks for accuracy and confirmation that the donor (you) understands the document.

Full guidance and official forms are available on the government website. Following these steps exactly is key to making sure your lasting power of attorney works correctly.

Responsibilities and Safeguards for Attorneys and Donors

When you appoint an attorney, they have clear duties and must act within set limits to protect your interests. You also need safeguards in place to prevent misuse or financial abuse. Understanding these helps you make sure your legal affairs are handled properly and gives you peace of mind.

Duties and Powers of Attorneys

An appointed attorney must act in your best interests at all times. They can make decisions about your finances or health, depending on the type of power of attorney you set up.

Key responsibilities include:

• Managing bank accounts, paying bills, and handling investments

• Making decisions only when you are unable to, especially for lasting power of attorney

• Following any instructions you leave in the LPA document

• Keeping clear records of all actions taken

You have the right to get legal advice if you are unsure about these powers. If you appoint a solicitor as your attorney, they will usually follow strict professional standards to protect your affairs.

Safeguards Against Financial Abuse

To prevent financial abuse, there are several safeguards for your protection.

These include:

• Attorneys must act only within powers granted and avoid conflicts of interest

• The Office of the Public Guardian (OPG) monitors attorneys and can investigate concerns

• You can set up certificates providers to confirm your decision is made freely

• You may include restrictions or conditions in the lasting power of attorney

If you suspect abuse, you can report it to the OPG. Choosing trusted attorneys and seeking legal advice when setting up your LPA adds extra peace of mind.

Frequently Asked Questions

Understanding the difference between an Ordinary Power of Attorney (OPA) and a Lasting Power of Attorney (LPA) involves knowing how they work, what powers they grant, and what steps you must take to set them up or cancel them. You also need to be aware of the roles and responsibilities an attorney holds under these arrangements.

What are the key distinctions between an Ordinary Power of Attorney and a Lasting Power of Attorney?

An Ordinary Power of Attorney only works while you have mental capacity. It ends as soon as you lose the ability to make decisions.

A Lasting Power of Attorney can continue after you lose mental capacity. It is designed for long-term decision-making, covering health, welfare, and financial matters.

How does one revoke an Ordinary Power of Attorney or a Lasting Power of Attorney?

You can revoke either type of power by informing your attorney in writing.

For an LPA, you must also notify the Office of the Public Guardian to cancel it officially.

Can you outline the responsibilities assumed by an attorney under a Lasting Power of Attorney agreement?

Your attorney must act in your best interests at all times.

They must follow your wishes, keep records, and avoid conflicts of interest.

They are legally obliged to manage your affairs responsibly.

What are the steps involved in setting up a Lasting Power of Attorney?

You need to complete the official LPA forms, which you can get from the Office of the Public Guardian.

The forms must be signed by you, your attorney, and a certificate provider to confirm your capacity and understanding.

Finally, the LPA needs to be registered with the Office of the Public Guardian before use.

Is it necessary to involve a solicitor when creating a Power of Attorney, and what are the cost implications?

You do not have to use a solicitor to create an LPA, but professional advice can help avoid mistakes or misunderstandings.

Setting up an LPA involves a government registration fee, which varies depending on your circumstances.

What are the specific powers granted to an attorney under an Ordinary Power of Attorney compared to those given under a Lasting Power of Attorney?

An attorney under an OPA can only make decisions specified in the document and only while you have mental capacity.

An LPA grants broader powers that can cover financial, health, and welfare decisions, even if you lose mental capacity.

The exact powers depend on what you choose to include in your LPA.

More details on the setup process are available at Setting up a lasting power of attorney (LPA) - Age UK.

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