Is an LPA the Same as Power of Attorney?
"Power of attorney" is a broad term that covers several different legal instruments. Here is how they differ.
Written by James Tyrrell · Reviewed by Anthony Dalton · Last reviewed
"I've got power of attorney" is something people say all the time — but which kind? In England and Wales there are actually several different types of power of attorney, each with different rules, different purposes, and different legal effects. Our guide on what a Lasting Power of Attorney is covers the basics, but here we look at how the different types compare. Understanding the distinctions matters, because choosing the wrong type could leave you without protection when you need it most.
At a glance
- An LPA is a specific type of power of attorney — it remains valid if you lose mental capacity, unlike an ordinary power of attorney which automatically ends
- There are three main types in England and Wales: Lasting Power of Attorney (LPA), Ordinary Power of Attorney (OPA), and Enduring Power of Attorney (EPA)
- Only an LPA covers health and welfare decisions — neither an OPA nor an EPA can do this
- Old EPAs signed before 1 October 2007 are still valid for financial matters but cannot cover health and welfare
The Three Main Types of Power of Attorney
In England and Wales, there are three types of power of attorney you are likely to encounter:
Lasting Power of Attorney (LPA)
Created under the Mental Capacity Act 2005. Must be registered with the OPG. Can cover property and financial affairs, health and welfare, or both. Remains valid if the donor loses mental capacity.
Ordinary Power of Attorney (OPA)
A simpler document that gives someone authority to act on your behalf for financial matters. Does not need to be registered. Automatically becomes invalid if the donor loses mental capacity.
Enduring Power of Attorney (EPA)
The predecessor to the LPA, available before October 2007. Covers property and financial affairs only. If made and signed before 1 October 2007, existing EPAs remain valid and can still be registered.
Lasting Power of Attorney (LPA) in Detail
The Lasting Power of Attorney was introduced by the Mental Capacity Act 2005, which came into force on 1 October 2007. It replaced the Enduring Power of Attorney and introduced significant improvements and additional safeguards.
There are two types of LPA:
- Property and Financial Affairs LPA — covers decisions about your money, property, investments, pensions, benefits, and bills. It can be used as soon as it is registered, even while you still have capacity (with your permission), and continues to be valid if you later lose capacity
- Health and Welfare LPA — covers decisions about your medical treatment, care arrangements, where you live, and day-to-day welfare. This type can only be used once the donor has lost the capacity to make the relevant decision themselves
An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. The registration fee is £92 per LPA. The registration process includes built-in safeguards such as a certificate provider who confirms the donor understands the document and is not being pressured.
Key point: An LPA is the only type of power of attorney that allows someone to make health and welfare decisions on your behalf. Neither an ordinary power of attorney nor an enduring power of attorney covers health and welfare matters.
Ordinary Power of Attorney (OPA)
An ordinary power of attorney is a simpler and more limited document. It allows you to appoint someone to manage your financial affairs, but it is only effective while you have mental capacity. The moment you lose the ability to make decisions for yourself, an ordinary power of attorney becomes invalid.
Ordinary powers of attorney are typically used for practical, short-term purposes, such as:
- Authorising someone to manage your finances while you are travelling abroad for an extended period
- Giving a family member authority to handle a specific property transaction on your behalf
- Allowing someone to manage your business affairs during a temporary illness or hospitalisation
An ordinary power of attorney does not need to be registered with the OPG. It can be created using a standard legal form and does not require a certificate provider. While this makes it quicker and cheaper to set up, it also means it lacks the safeguards built into an LPA.
Enduring Power of Attorney (EPA)
The Enduring Power of Attorney was the predecessor to the LPA and was available under the Enduring Powers of Attorney Act 1985. Since 1 October 2007, it has no longer been possible to create a new EPA. However, any EPA that was properly made and signed before that date remains legally valid.
Key features of the EPA:
- Covers property and financial affairs only — not health and welfare
- Can be used while the donor has capacity without being registered
- Must be registered with the OPG if the donor begins to lose capacity (or is believed to be losing capacity)
- Does not require a certificate provider — one of the reasons it was replaced by the more robust LPA
Key point: If you have an existing EPA from before October 2007, it is still valid and can still be registered. However, you may wish to consider creating an LPA as well, particularly if you want to cover health and welfare decisions.
Key Differences at a Glance
The table below summarises the main differences between the three types of power of attorney:
| LPA | OPA | EPA | |
|---|---|---|---|
| Still available? | Yes | Yes | No (pre-2007 EPAs still valid) |
| Covers finances? | Yes | Yes | Yes |
| Covers health & welfare? | Yes (separate LPA) | No | No |
| Valid after loss of capacity? | Yes | No | Yes (once registered) |
| Must be registered? | Yes (OPG, £92) | No | Yes (if donor loses capacity) |
| Certificate provider needed? | Yes | No | No |
Why the LPA Replaced the EPA
The Mental Capacity Act 2005 replaced the EPA with the LPA for several important reasons:
- Greater safeguards — the LPA requires a certificate provider to confirm the donor understands the document and is not being pressured, which the EPA did not
- Health and welfare coverage — the EPA only covered property and financial affairs. The LPA introduced a separate instrument specifically for health and welfare decisions
- Registration before use — an LPA must be registered before it can be used, ensuring the OPG has a record of all active powers of attorney. An EPA could be used unregistered while the donor had capacity
- Notification requirements — the LPA allows the donor to name people who must be notified when the LPA is submitted for registration, giving them the opportunity to object if they have concerns
Which Type of Power of Attorney Do You Need?
For most people planning for the future, the answer is a Lasting Power of Attorney. It is the only type that provides comprehensive, long-term protection for both your finances and your health and welfare. Here is a simple guide:
- For long-term protection that survives loss of capacity — you need an LPA. This is the right choice for anyone who wants to ensure their affairs are managed if they become unable to make decisions themselves
- For a short-term, specific financial task — an ordinary power of attorney may be sufficient. For example, if you need someone to sell your car while you are abroad
- If you already have an EPA — it may still serve you well for financial matters, but consider creating an LPA to cover health and welfare decisions too
Most people choose to create both types of LPA — one for property and financial affairs, and one for health and welfare. This provides the most complete protection and ensures someone you trust can act for you in all circumstances.
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Key Takeaways
- An LPA survives loss of capacity — this is the critical difference from an ordinary power of attorney, which automatically becomes invalid the moment capacity is lost
- An LPA must be registered — it costs £92 per LPA to register with the Office of the Public Guardian, and it cannot be used until registration is complete
- Health and welfare decisions require an LPA — no other type of power of attorney covers medical treatment, care arrangements, or where you live
- Existing EPAs still work — if you have a valid EPA from before October 2007 it remains legally effective for financial matters, but you may want to add an LPA for health and welfare
Answers to Questions We Get Asked
What is the main difference between an LPA and an ordinary power of attorney?
The key difference is that an LPA remains valid if you lose mental capacity, while an ordinary power of attorney automatically becomes invalid the moment you lose capacity. An LPA also requires registration with the OPG and includes safeguards such as a certificate provider.
Is my old Enduring Power of Attorney still valid?
Yes. If your EPA was properly made and signed before 1 October 2007, it remains legally valid. However, EPAs only cover property and financial affairs. If you want someone to make health and welfare decisions, you would need to create a separate Health and Welfare LPA.
Can an LPA cover both finances and health decisions?
Not in a single document. There are two separate types of LPA: Property and Financial Affairs, and Health and Welfare. You need to create each one separately, though most people choose to create both at the same time for complete protection.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Official resources from GOV.UK
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