LPA vs Ordinary Power of Attorney — Which Do You Need?

Power of attorney is not a single document — it is an umbrella term for several types of legal authority. The two most common in England and Wales are the Ordinary Power of Attorney and the Lasting Power of Attorney (LPA). They serve different purposes and the distinction is critical. Using the wrong one could leave you completely unprotected when it matters most.

The Key Difference — What Happens If You Lose Capacity

This is the single most important distinction:

• Ordinary POA — automatically becomes invalid if the donor loses mental capacity
• LPA — specifically designed to continue when the donor loses mental capacity

This means that if the entire purpose of your POA is to protect you in the event of illness or cognitive decline, an ordinary POA is useless — you need an LPA.

When to Use an Ordinary Power of Attorney

An ordinary POA is appropriate when:

• You are temporarily unavailable — travelling abroad, recovering from surgery, away for an extended period
• You need someone to handle a specific transaction — a property sale, a financial matter — on your behalf
• You have full mental capacity and expect to retain it throughout the period of the POA
• The authority is for a defined purpose or time period

When to Use a Lasting Power of Attorney

An LPA is appropriate when:

• You want protection in case of future mental incapacity — dementia, accident, illness
• You want to ensure someone can manage your finances if you cannot
• You want to make your wishes about medical treatment known and enforceable
• You are doing long-term estate planning

Types of LPA

There are two separate LPAs in England and Wales — they cover different areas and must be set up separately:

• Property and Financial Affairs LPA — bank accounts, property, investments, bills. Can be used while the donor still has capacity (unless restricted).
• Health and Welfare LPA — medical treatment, care, where the donor lives. Can only be used once capacity is lost.

Most people set up both. If you only set up one, the Property and Financial Affairs LPA is typically the higher priority as financial decisions are more likely to require urgent action.

Registration Requirements

An ordinary POA takes effect immediately on signing — no registration required. An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. Registration costs £82 per LPA and currently takes around 8–20 weeks. This means you should register your LPA well in advance — not in response to a crisis.

Cost Comparison

Ordinary POA: minimal — a template and a witness. LPA: £82 OPG registration fee per document, plus preparation costs. Solicitor preparation typically costs £300–£500 per LPA, or you can use a template to reduce preparation costs significantly.