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There can be a lot of confusion around Powers of Attorney because older documents, newer LPAs and everyday terminology often overlap.
Power of Attorney – authority you give someone to act on your behalf.
Donor – you; the person giving the authority.
Attorney – the person acting for you.
Capacity – the ability to understand decisions; if lost, certain documents apply.
Ordinary / General Power of Attorney – authority you give while you still have capacity, covering financial or other legal matters you specify.
Lasting Power of Attorney (LPA) – long-term authority for finances or health/care.
Property & Financial Affairs LPA – long-term financial authority, even if you lose capacity.
Health & Welfare LPA – authority for medical and care decisions if you cannot decide.
Enduring Power of Attorney (EPA) – pre-2007 financial authority, still valid but limited.
Joint/Joint & Several – how multiple attorneys can act together or independently.
OPG Registration – LPAs must be registered before they can be used.
Property & Financial Affairs LPA - designed for long-term financial management. An attorney can deal with banking, investments, paying bills, property transactions and broader financial decisions. It can be used with your permission while you still have capacity, and it continues to operate if you lose capacity in the future. This makes it the modern and comprehensive option for long-term financial planning.
Health & Welfare LPA - allows someone to make decisions about your medical treatment and care if you cannot decide for yourself. It can cover decisions about daily care, treatment options, where you live and, if you choose, life-sustaining treatment. It can only be used at the point you lack capacity, ensuring that you retain control over your own health and care decisions for as long as possible. No other type of Power of Attorney allows someone to make these personal welfare decisions on your behalf.
Enduring Power of Attorney (EPA) - EPAs are the older form of financial Power of Attorney used before 2007. Although they can no longer be created, any EPA made before 1 October 2007 is still legally valid and can continue to be used. An EPA covers financial and property matters only and has no authority over health, care or medical decisions. Because EPAs follow an older structure and are limited to finances, many people either keep the EPA and add a Health & Welfare LPA for full coverage, or replace the EPA with a Property & Financial Affairs LPA so that all their arrangements follow the modern LPA system.
Ordinary (General) Power of Attorney - can be limited to specific tasks or drafted broadly, depending on what you need. As an example, if you are travelling or living abroad, and you need someone to deal with UK assets or legal matters on your behalf, or when you simply prefer someone else to handle certain transactions or paperwork. An attorney can manage financial matters, sign documents, deal with advisers or look after UK-based assets. An Ordinary Power of Attorney is flexible and can last as long as you choose, but it automatically ends if you lose mental capacity and does not cover health or care decisions.
You want long-term financial protection, including if you lose capacity - Property & Financial Affairs LPA.
You want someone to make medical or care decisions if you cannot - Health & Welfare LPA.
You already have an old EPA - it remains valid for finances; consider adding a Health & Welfare LPA or replacing it with a modern LPA.
You want someone to act for you while you still have capacity, short or long term, financial or specific legal tasks: - Ordinary (General) Power of Attorney.
You want complete protection - both types of LPA
Advising on which type of Power of Attorney suits your circumstances.
Drafting documents with clear, tailored wording.
Adding specific powers or restrictions where needed.
Acting as certificate provider (if required)
Registering LPAs with the Office of the Public Guardian.
Reviewing existing EPAs and advising on whether updates are appropriate.
Supporting attorneys in understanding and carrying out their duties.
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