What are the different types of power of attorney? 

A power of attorney is a legal document which allows you to appoint someone to manage your affairs if you are unable to do so. The person granting the power is known as the donor and the person managing the affairs is an attorney.  

Acronyms used in this article:

• EPA – Enduring Power of Attorney
• OPA – Ordinary Power of Attorney
• OPG – Office of the Public Guardian
• LPA – Lasting Power of Attorney

In England and Wales, there are three different types of power of attorney with each one designed for specific situations: 

What is enduring Power of Attorney (EPA)?

Enduring Power of Attorneys were the first powers of attorney of their kind, enabling attorneys to continue to act on behalf of a donor if they lose mental capacity.  

EPAs can only be used in respect of financial decisions. These documents were replaced by Lasting Powers of Attorney on the 1^st October 2007. However, any EPAs created prior to this date are still legally binding.  

An attorney appointed under an EPA can act for a donor without the need to register the document with the Office of the Public Guardian (OPG), provided they still have mental capacity. 

If the donor loses mental capacity, there is a requirement to register the EPA with the OPG. During the registration period, the attorney has limited powers. The EPA is only valid to maintain the donor and prevent loss to their estate. They do not have the power to carry out major financial decisions, such as selling a property, until the registration formalities have been completed.

What is Ordinary Power of Attorney (OPA) 

Ordinary Power of Attorney can be used when the donor wants to grant power to an attorney on a temporary basis. An example is where someone is out of the country and unable to sign documents themselves in a property transaction.  

OPAs can only be used if you have mental capacity and can be drafted to cover your general financial affairs. This can be useful if you are in hospital temporarily. The documents can also be prepared to cover a specific situation such as the sale of an investment. 

What are Lasting Powers of Attorney (LPA) 

Lasting Powers of Attorney are the most popular powers of attorney in the UK today. There are two types, covering:

• Property and financial affairs
• Health and welfare. 

The property and financial affairs LPA allows the attorney to make decisions on behalf of the donor regarding a range of matters. These include:

• Operating bank accounts
• Buying or selling property
• Managing tax affairs
• Funding care

The document can be used as soon as it is registered with the OPG with the permission of the donor, provided they have capacity to give their consent. If the donor lacks capacity, the document can still be used as long as it is registered with the OPG and there are no limitations set out in the document about how it can be used. 

The health and welfare LPA allows the attorney to make decisions regarding medical care and end of life treatment. Once again, the document must be registered with the OPG however, unlike the property and financial affairs LPA, the attorney will only be able to act if the donor has lost mental capacity.   

Can I appoint more than one power of attorney?

Yes, you can appoint more than one attorney. There are two options:

• They act jointly – all decisions are made together
• They act jointly and severally – some decisions are made together and some separately

Do I need a power of attorney if I’m married or in a civil partnership?

Yes, even those who are married or in a civil partnership should consider appointing a power of attorney if it’s relevant to their situation. Your spouse/ civil partner does not automatically have the right to make decisions for you if you lack capacity. They would have to apply to the Court of Protection through a lengthy process. So, if you wish for them to be your attorney, you should ensure to register this with the OPG.

If you need assistance with powers of attorney, our solicitors are here to help. Please get in touch to discuss how we can help you today.