Power of Attorney 

A Power of Attorney (PoA) is a legal arrangement that allows someone you trust—your Attorney—to act on your behalf. It can be used for financial, legal, or personal decisions, depending on the type of PoA you set up. Knowing the differences is essential to make the right choice for your circumstances.

Ordinary Power of Attorney

An Ordinary Power of Attorney is temporary and usually used when you still have mental capacity. For example, you may appoint someone to manage your finances if you are abroad, unwell, or otherwise unable to act. It becomes invalid if you lose mental capacity, so it is not suitable for long-term planning.

Lasting Power of Attorney (LPA)

Introduced in 2007 under the Mental Capacity Act 2005, Lasting Powers of Attorney are designed to remain effective even if you lose capacity. There are two main types:

• Health and Welfare LPA (H&W LPA) – covers decisions about medical care, day-to-day care, where you live, and life-sustaining treatment if your instructions allow. It only comes into effect when you lack capacity.

• Property and Financial Affairs LPA (P&F LPA) – covers managing money, paying bills, selling or buying property, and liaising with banks. This can be used immediately if you wish, but is often restricted to situations of incapacity.

Enduring Power of Attorney (EPA)

EPAs were used before LPAs came into force in 2007 and only cover financial matters. EPAs created before October 2007 remain valid if correctly registered. Unlike LPAs, they do not cover health or welfare decisions.

Without any form of PoA, family members must apply to the Court of Protection for a Deputyship Order to manage finances or welfare decisions. This process can be lengthy, stressful, and costly.

Setting up the right Power of Attorney ensures your affairs—financial, personal, and health-related—are managed by people you trust, according to your wishes. It avoids unnecessary delays, protects your assets, and gives peace of mind for you and your family.

Power of Attorney     Health & Welfare LPA     Property & Finance LPA     LPA Guidance