a young couple are sat on a sofa indoors. the man, on the right, is saying thank you in sign language. the woman, on the left, has her hand on her chest. they are both looking at each other and smiling.
Categories
Power of Attorney - FAQ's

What is the difference between an Ordinary Power of Attorney (OPA) and a Lasting Power of Attorney (LPA)?

In the UK, Power of Attorney generally falls into two categories: Lasting Power of Attorney (LPA) and Ordinary Power of Attorney (OPA). 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, an OPA 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, an OPA 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. An OPA is only applicable as far as they continue to have capacity.

–

Appointeeship, Deputyship, Power of Attorney, Money Management

Request Callback

Request Callback Form

This will close in 0 seconds