What is the difference between an Ordinary Power of Attorney and an LPA?
Both an Ordinary Power of Attorney (OPA) and a Lasting Power of Attorney (LPA) allow you to appoint someone to act on your behalf. But they serve very different purposes and have critical legal differences.
For official information on both types, visit GOV.UK.
What is an Ordinary Power of Attorney?
An Ordinary Power of Attorney (sometimes called a General Power of Attorney) is a document that authorises someone to handle your financial affairs on a temporary basis. Key features:
- It covers property and financial affairs only — not health decisions.
- It is valid only while the donor has mental capacity.
- It ends automatically when the donor loses mental capacity.
- It does not need to be registered with the OPG.
- It can be general (covering all financial matters) or limited (covering specific tasks like selling a property).
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is designed for long-term protection. Key features:
- It comes in two types: property and financial affairs, and health and welfare.
- It continues even if the donor loses mental capacity — this is its primary purpose.
- It must be registered with the OPG before it can be used.
- It requires a certificate provider to confirm the donor understands the document.
- It costs £92 per document to register with the OPG.
When should I use an Ordinary Power of Attorney?
An OPA is appropriate for temporary, practical situations such as:
- You are going abroad for an extended period and need someone to manage your finances.
- You are having surgery and want someone to pay bills while you recover.
- You need someone to handle a specific transaction like selling your house.
- You have a physical condition (not mental) that makes it difficult to attend to financial matters.
When should I use a Lasting Power of Attorney?
An LPA is essential when:
- You want to plan for the possibility of losing mental capacity in the future.
- You want someone to make health and welfare decisions if you cannot.
- You want long-term, ongoing protection that does not expire.
- You are elderly and concerned about conditions like dementia.
Can I have both?
Yes. Some people have an OPA for immediate practical needs and an LPA for long-term protection. The two documents can coexist without conflicting.
What happens if I only have an OPA and lose capacity?
This is the critical risk. If you lose mental capacity and only have an OPA, the OPA ceases to have effect. Your attorney can no longer act for you. At that point, the only option is for someone to apply to the Court of Protection for a deputyship order, which is expensive (often £1,000+), time-consuming, and gives you no choice over who manages your affairs.
This is why having an LPA is so important — it ensures your chosen person can continue to act for you even if you lose capacity.
How much does each type cost?
- Ordinary Power of Attorney: Can be created for free or very cheaply using a standard form. No registration fee.
- Lasting Power of Attorney: £92 per document for OPG registration, plus any service fees.
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