Lasting Power of Attorney vs Power of Attorney: What Is the Difference

The terms Power of Attorney and Lasting Power of Attorney are often used interchangeably, though they are not the same thing, and the difference matters if you or someone in your family needs one now or in the future.

Ordinary Power of Attorney

An ordinary or General Power of Attorney lets you appoint someone to manage your property and financial affairs for a temporary or specific purpose, for example while you are abroad or recovering from surgery. It only remains valid for as long as you have mental capacity, and it ends automatically if you lose capacity, which is exactly when many people need this kind of support most.

Lasting Power of Attorney

A Lasting Power of Attorney is designed to continue working even if you later lose mental capacity, which is the key difference between the two documents. There are two separate LPAs, one covering property and financial affairs and one covering health and welfare, and both must be registered with the Office of the Public Guardian before use. You may also come across an Enduring Power of Attorney. These were replaced by LPAs in October 2007, but one made before then can still be valid; our guide on Lasting Powers of Attorney vs Enduring Powers of Attorney explains the differences.

Why the difference matters

Anyone relying on an ordinary Power of Attorney to plan for the future is likely to find it stops working at the exact point it becomes most necessary, since it cannot be used once capacity is lost. This is why most people setting up authority for the future choose a Lasting Power of Attorney rather than the ordinary version, and why the two terms should not be treated as interchangeable when deciding what to put in place. Our Powers of Attorney solicitors can confirm which document actually fits your circumstances.

Which one do you need

If you need cover for a short, defined period while you still have full capacity, an ordinary Power of Attorney may be enough. Ordinary Powers of Attorney are also often used for specific transactions abroad, such as selling a property overseas, and an English LPA is not always recognised in other countries. If you have property or accounts outside England and Wales, our team can advise on what you will need. If you want protection that continues however your health changes in future, a Lasting Power of Attorney is the appropriate document, and this is what most people mean when they search for advice on setting up a Power of Attorney. Getting advice on choosing the right type of Power of Attorney avoids putting the wrong document in place.

Frequently Asked Questions

Is a Power of Attorney the same as a Lasting Power of Attorney?

No, an ordinary Power of Attorney stops working once you lose mental capacity, while a Lasting Power of Attorney continues to apply. Most people planning for the future need the lasting version rather than the ordinary one.

Which type of Power of Attorney should I choose?

If you need short term cover while you have full capacity, an ordinary Power of Attorney may work, but a Lasting Power of Attorney is needed for genuine long term protection. Advice from a solicitor can confirm which document fits your circumstances.

Do both types need to be registered?

A Lasting Power of Attorney must be registered with the Office of the Public Guardian before use, while an ordinary Power of Attorney does not need to be registered in the same way. This is one of several practical differences between the two documents.

How Roche Legal Can Help

If you are not sure which type of Power of Attorney fits your circumstances, book a discovery call and we will talk it through with you.

Roche Legal is a firm of solicitors in England and Wales, and the information on our website is based on the law here. We regularly advise on estates with assets, beneficiaries or family overseas, so please do get in touch if that's your situation.