The three types of Power of Attorney in the UK
People often use 'power of attorney' as a catch-all phrase, but there are three legally distinct documents:
- Ordinary Power of Attorney (OPA) — temporary, only works while you have mental capacity
- Lasting Power of Attorney (LPA) — the modern document, works during and after loss of capacity
- Enduring Power of Attorney (EPA) — replaced by LPAs in 2007, but valid EPAs signed before October 2007 still work
Ordinary Power of Attorney — when to use one
An OPA is a short-term arrangement. You stay in charge but give someone else legal authority to act for you — for example to manage your finances while you're abroad, recovering from surgery, or temporarily unable to attend in person.
Crucially, an OPA becomes automatically invalid the moment you lose mental capacity. That's why it's not a substitute for an LPA.
Lasting Power of Attorney — the one most people need
An LPA is designed to keep working if you lose capacity through accident, illness or age-related decline. There are two types — and you usually need both:
- LPA for Property & Financial Affairs — bills, bank accounts, selling property, managing pensions and investments
- LPA for Health & Welfare — medical treatment, care home decisions, day-to-day care, life-sustaining treatment
- Each must be registered with the Office of the Public Guardian (£82 fee per document) before it can be used
- Without an LPA, your family must apply for a Deputyship through the Court of Protection — a process that costs £2,000–£5,000 and takes 6+ months
Enduring Power of Attorney — already have one?
EPAs signed before 1 October 2007 are still legally valid and can be registered with the OPG if you start to lose capacity. However, EPAs only cover property and financial affairs — they don't give authority over health and welfare decisions. Most clients with an EPA add a Health & Welfare LPA to fill the gap.
Which type do I need?
For 95% of UK adults the answer is the same: both LPAs (Property & Financial Affairs + Health & Welfare). They cost £250–£495 each professionally drafted, plus the £82 OPG registration. The Court of Protection alternative — if you wait until capacity is lost — is roughly 10x more expensive and many months slower.
