Ordinary or lasting power of attorney: which one you need

The difference between an ordinary power of attorney and a lasting power of attorney comes down to one thing: what happens when you lose mental capacity. An ordinary power of attorney, sometimes called a general power of attorney, is only valid while you still have mental capacity. If you lose it, the document automatically becomes invalid¹. A lasting power of attorney is still valid after you lose mental capacity, but you have to set it up while you still have capacity to understand what you are signing¹.

That single rule decides which one fits your situation. If you are going into hospital for a few weeks, travelling abroad, or finding it hard to get to a branch, an ordinary power of attorney covers the gap. If you want someone to be able to step in permanently, including if you develop dementia or have an accident, you need a lasting power of attorney.

There are three types of power of attorney in circulation: ordinary, lasting, and enduring². Enduring powers of attorney were replaced by lasting powers of attorney in October 2007, so no new ones can be made, but existing ones can still be used³. The rest of this page sets out what each type does, what an attorney can and cannot do with your money, how to cancel one, and where to get free help.

Ordinary or lasting power of attorney: the key difference

An ordinary power of attorney is a simpler, shorter document. It lets someone you trust make financial decisions for you, but only while you can still make your own decisions. Guidance from Age UK describes it as temporary and valid only while you have mental capacity¹. It covers financial affairs, not health or care decisions⁵.

A lasting power of attorney is a legal document that lets you appoint one or more people to act on your behalf if you become unable to do so⁶. It comes in two forms: one for financial decisions and one for health and care decisions⁴. Both need to be registered with the Office of the Public Guardian before they can be used⁷.

The practical difference is what happens at the point capacity is lost. An ordinary power of attorney stops being legal authority if the donor loses mental capacity or dies⁸. A lasting power of attorney keeps working. A registered lasting power of attorney gives a third party access whether or not you have mental capacity⁹.

There is also a regional split. In England, Wales and Scotland there are two types of lasting power of attorney. The one most relevant to money is the property and financial affairs LPA, known in Scotland as a continuing power of attorney. In Northern Ireland there is only one type, called an enduring power of attorney¹⁰. Processes in Scotland and Northern Ireland are different from England and Wales³.

An ordinary power of attorney ends if you lose mental capacity

This is the rule that catches people out. An ordinary power of attorney becomes invalid once the donor has lost capacity¹¹. It is not suspended or paused: it stops being legal authority⁸. If you lose capacity, the OPA automatically becomes invalid¹.

The same applies to a general power of attorney, which is another name for the same thing. A general power of attorney automatically ends if you lose mental capacity¹². A GPA does not continue if someone loses their mental capacity, but a lasting power of attorney does cover someone if they lose their mental capacity¹³.

There is one older arrangement that behaves differently. An enduring power of attorney is capable of continuing to be effective after the donor has become mentally incapable of managing their affairs¹⁴. If an EPA was never registered and you lose mental capacity, it is suspended, but if your attorney registers it with the Office of the Public Guardian it becomes valid again⁹. An EPA must be set up while you have capacity and registered by the person you trust with the Office of Care and Protection if you become incapable¹⁵.

A lasting power of attorney keeps working when you cannot decide for yourself

A lasting power of attorney is designed for exactly the situation an ordinary one cannot handle. It is a way of giving someone you trust the legal authority to make decisions on your behalf if you lose the mental capacity to do so in the future, or if you no longer want to make decisions for yourself¹⁶.

It does not expire. An LPA remains in place until you pass away or revoke authority². Skipton Building Society puts it plainly: once it is in place, it stays in place for the rest of your life, unless you withdraw it or your chosen attorney can no longer act on your behalf⁷. It also ends automatically when you die¹⁴.

You can appoint as many attorneys as you like, and replacement attorneys⁴. A lasting power of attorney for financial decisions can be used while you still have mental capacity, or you can state that it should only come into force if you lose capacity¹⁷. That choice matters: if you want help now as well as later, you can set it up to start immediately.

A lasting power of attorney can cover decisions about the account owner's financial affairs, health, or care¹³. The financial one can include collecting your State Pension¹⁸. For a bank to accept it, it usually needs to be the type that covers property and financial affairs¹³.

What an attorney can and cannot do with your money

An attorney acting under a lasting power of attorney for property and financial affairs has real authority, but it comes with duties. Your attorney usually has to keep your money separate from theirs and keep accounts to show this⁴. The same rule appears in provider guidance: your attorney must keep accounts and make sure their money is kept separate from yours¹⁷.

You can limit what they can do. You can limit the power you give your attorney so that they can only deal with certain assets, for example your bank account but not your home¹⁶. That is a useful control if you want help with day-to-day bills but not with bigger decisions.

There are hard limits on who can act. You may not act or be appointed as the lasting power of attorney for a donor's property and affairs if you are an undischarged bankrupt¹⁹. If the donor is made bankrupt, the lasting power of attorney for their property and affairs will be revoked¹⁹. Professional attorneys cannot be paid unless the lasting power of attorney document authorises it²⁰.

An attorney's authority is not unlimited. It is a legal document that lets a person choose one or more people to act on their behalf if they are unable to⁶. It does not give them ownership of your money, and it does not override your wishes while you still have capacity to make a decision yourself.

How to stop or cancel a power of attorney

You can cancel a lasting power of attorney at any time while you have mental capacity, by sending the original LPA document and a deed of revocation to the Office of the Public Guardian⁴. The same process is described by providers: if you have mental capacity, you can end your power of attorney by sending the original LPA and a written deed of revocation¹⁷.

For an enduring power of attorney made before October 2007, the process is different. To cancel an EPA before you lose mental capacity, you make a deed of revocation stating that you are cancelling it and keep it with the EPA form. You and a witness must both sign the deed of revocation²¹. You cannot change an existing EPA: you cancel it and set up an LPA instead²¹.

An LPA can also end in other ways. These include the donor dying, the attorney losing mental capacity with no other attorneys or replacements, an attorney divorcing the donor or ending their civil partnership, a sole attorney becoming bankrupt, being removed by the Court of Protection, dying with no replacements, or disclaiming, and the Court of Protection cancelling the LPA²². If a sole attorney dies and there are no replacement attorneys, the LPA ends and an entirely new one must be made if the donor still has mental capacity²².

Will my bank or pension provider accept an ordinary power of attorney?

Providers set their own rules, and they are not all the same. Some banks accept an ordinary power of attorney. Cynergy Bank says it can accept a lasting power of attorney for property and financial affairs, an ordinary power of attorney drawn in the UK and signed as a deed, and a continuing power of attorney for financial affairs⁸.

Others are narrower. Gatehouse Bank states that it will only accept a lasting or enduring power of attorney or a Court of Protection order, and it needs to see the original or a certified copy²³. Charter Savings Bank accepts lasting powers of attorney, enduring powers of attorney, and Court of Protection orders, and will accept an unregistered EPA unless it contains a condition that it should not be used until the donor is losing or has lost mental capacity²⁴.

There is a registration rule that matters for lasting powers of attorney. If the donor loses mental capacity and the lasting power of attorney is not registered, Cynergy Bank will not be able to accept it⁸. A lasting power of attorney must be registered with the Office of the Public Guardian before it can be used with NS&I, and setting it up can take up to 20 weeks¹¹.

For pensions, the picture is similar. A lasting power of attorney can cover collecting your State Pension¹⁸. For benefits and pensions in Northern Ireland, there is separate guidance on helping someone collect their benefits or pension²⁵.

What happens if I lose mental capacity and have no lasting power of attorney?

If you lose mental capacity with only an ordinary power of attorney in place, no one has authority to manage your money. The ordinary power of attorney stops being legal authority at that point⁸. An unregistered enduring power of attorney is suspended until the attorney registers it with the Office of the Public Guardian⁹.

Without a valid arrangement, the route is usually an application to the Court of Protection for someone to be appointed as a deputy. The official guidance on managing a bank account for someone else covers attorneys appointed under a lasting power of attorney or enduring power of attorney, and deputies appointed by the Court of Protection to manage the property and affairs of someone who lacks mental capacity²⁶.

There are other, lighter-touch options for helping someone with their money, but they have limits. These include a third party withdrawal mandate, a letter of authority, information sharing arrangements, a lasting power of attorney, and a Court of Protection deputyship²⁷. A third party mandate or letter of authority is not a substitute for a lasting power of attorney if capacity is lost.

If you are setting up a lasting power of attorney, you can still do so after a dementia diagnosis, provided you have the mental capacity to understand the document, your choice of attorneys and the consequences of the decision²². That window closes once capacity is lost.

Where to get free help and guidance

The Office of the Public Guardian is the starting point for lasting powers of attorney. You can get LPA forms and an information pack from the Office of the Public Guardian, download them online, order by calling 0300 456 0300, or use the online service on GOV.UK⁴.

There is also a refund scheme for people who paid more than the current fee. Refund claims can be made online by completing a 10-minute form, needing the donor's UK bank account number and sort code, or by calling the Refunds Helpline on 0300 456 0300²⁸. The fee for applications received by the Office of the Public Guardian changed from 17 November 2025²⁹.

For free legal advice, the Royal Courts of Justice Advice Bureau can provide free ongoing legal advice if you are involved in any civil case in the County Court, High Court, or Court of Appeal across England and Wales³⁰. Court duty advisers offer free legal help at the court³⁰.

If debt is part of the picture, a power of attorney can be useful for people who find it hard to contact the people they owe because they are abroad or in prison³¹. Free debt advice charities can help with the underlying problem as well as the authority to act.