Power of Attorney

Ordinary or General Power of Attorney

An Ordinary Power of Attorney (OPA), also known as General Power of Attorney (GPA), can be used when you wish to grant power of attorney on a temporary basis. It can only be used when you have the mental capacity to carry out the tasks, but are unable to for another reason. For example, if you are abroad or in hospital.

You can tailor your GPA to reflect your needs. For example, it’s possible to give an attorney power to act on a specific matter only (such as the sale or purchase of a property), or give them broader powers to handle your legal and financial affairs. You can also specify an end date, after which your attorney no longer has the power to act for you. 

A GPA is valid to be used as soon as it’s been signed and witnessed correctly. It doesn’t need to be registered with the Office of the Public Guardian (OPG). Please get in touch with our power of attorney solicitors. We’ll help you draft a GPA that accurately reflects your needs and wishes.

GPAs automatically end if you lose mental capacity. If you need a power of attorney that lasts beyond the point you lose mental capacity, a Lasting Power of Attorney will be more suitable. Please see below for more information on this.

Click here to learn more about the different types of Power of Attorney.

Lasting Power of Attorney

Lasting Power of Attorney (LPA) is the most common type of power of attorney in the UK. An LPA enables a trusted, named attorney or attorneys to make decisions on behalf of a donor (person making the LPA), once the donor has lost mental capacity. There are two types:

Property and financial affairs. This enables the attorney to make decisions on behalf of the donor regarding a range of matters, including:

• Managing bank accounts
• Buying and selling property and other assets 
• Managing tax affairs
• Funding care 
• Collecting pensions

Health and welfare. This enables the attorney to make decisions about the donor’s medical and daily care, including:

• Daily routine
• General medical care
• Moving into a care home
• End of life care 

A donor can choose to have just one or both types of LPA. They can also be tailored to reflect your circumstances, for example:

• Appointing one or more attorneys, as long as they are over 18
• Specifying whether the attorneys can act separately, or must act together
• Authorising your attorneys to carry out specific actions
• Limiting the scope of their power if you wish

An LPA can only be used once it has been registered with the Office of the Public Guardian (OPG). It must be registered while the donor still has mental capacity. If someone loses mental capacity before having an LPA in place, their loved ones will need to apply for a Deputyship Order from the Court of Protection – a process which can take time and money to resolve.

So, it’s a good idea to get an LPA in place, to have the peace of mind that your trusted loved ones can make decisions for you if you lose mental capacity or are otherwise incapacitated. Please get in touch with our power of attorney solicitors, who will help you through the entire process with sensitivity and professionalism, ensuring your LPA meets your requirements and is legally sound.

Click here to learn more about the different types of Power of Attorney.

Enduring Power of Attorney

An Enduring Power of Attorney (EPA) enables attorneys to make financial decisions on behalf of the donor if they lose mental capacity. However, they were replaced by Lasting Powers of Attorney in October 2007.

Despite this, any EPAs made before 1st October 2007 are still legally binding. Please get in touch for more information and advice on EPAs.

Click here to learn more about the different types of Power of Attorney.