What is the difference between a Lasting and General Power of Attorney?

In the UK, Power of Attorney generally falls into two categories: Lasting Power of Attorney (LPA) and General Power of Attorney (GPA). The primary difference between the two is the length of time they are applicable for, and the scope of their responsibility.

An LPA is a legal document that allows an individual (donor) to appoint one or more people (attorneys) to make decisions on their behalf if they become incapacitated. This may cover decisions about health and welfare, as well as property and financial affairs. Attorneys must register the LPA with the Office of The Public Guardian (OPG) before they can act on the donor’s behalf. Health and welfare responsibilities only take effect once an individual loses capacity. Additionally, this is a distinct type of LPA, usually applied on top of handling property and legal affairs if necessary.

On the other hand, a GPA allows the individual to appoint a single attorney to make decisions on their behalf for a fixed period of time. This could be anything from being out of the country, to recovering from surgery. Crucially, a GPA only covers decisions about property and financial affairs. It also does not have to be registered with the OPG before it can be used.

Only an LPA remains valid after a person loses capacity, provided they established it while they still retained capacity. A GPA is only applicable as far as they continue to have capacity.

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Appointeeship, Deputyship, Power of Attorney, Money Management