An ordinary power of attorney lets someone act for you while you still have mental capacity, and it ends if you lose that capacity. A lasting power of attorney is made specifically so that the people you choose can carry on acting for you if capacity is later lost.
The two documents sound similar but do different jobs. An ordinary power of attorney is a short-term tool; a lasting power of attorney (LPA) is a long-term safeguard for later life. This guide sets out what each covers, how capacity and registration differ, and where each may fit, as part of a wider estate planning guide. It describes the law of England and Wales, and figures are current as at July 2026 and subject to change.
The core difference in one line
The deciding factor is mental capacity. An ordinary power of attorney only works while you can still make your own decisions and stops the moment you cannot, which makes it suitable for temporary situations. A lasting power of attorney is designed to keep working after capacity is lost, which is why it must be registered before it can be relied on for the long term.
What is an ordinary power of attorney?
An ordinary power of attorney is a legal document that lets you appoint someone to make financial decisions on your behalf for a set time or task, while you still have mental capacity. People often use one for a fixed period, for example while in hospital, recovering from illness, or spending time abroad. It can be general or limited to specific matters, and it does not need to be registered with any public body.
The key limit is that an ordinary power of attorney ends if you lose mental capacity. Citizens Advice states that you "won't be able to continue using an ordinary power of attorney if you lose your mental capacity" (citizensadvice.org.uk, as at July 2026). For that reason it is generally treated as a temporary arrangement rather than a plan for later life.
- Covers finances only. It does not extend to health and care decisions.
- Temporary by nature. Often used for a defined period or a single transaction.
- No registration. It can be used straight away once signed correctly.
- Ends on loss of capacity. It cannot be relied on if you can no longer decide for yourself.
What is a lasting power of attorney?
A lasting power of attorney is a document that lets people you choose, your attorneys, make decisions for you, and it can continue to be used if you lose mental capacity. There are two types: one for property and financial affairs, and one for health and welfare. You must be 18 or over and have mental capacity to make one, and it must be registered with the Office of the Public Guardian before it can be used (gov.uk/power-of-attorney, as at July 2026).
The property and financial affairs LPA can cover managing a bank account, paying bills, collecting a pension and selling a home; the health and welfare LPA covers matters such as daily care, medical treatment and where you live, and it can only be used once you are unable to make those decisions yourself (gov.uk/power-of-attorney, as at July 2026). For a fuller walkthrough, see our page on Lasting Power of Attorney Explained and the two types of LPA.
Registering one LPA costs £92, and registering both a property and financial affairs LPA and a health and welfare LPA costs £184, with reductions available on lower incomes and exemptions on certain benefits (gov.uk/power-of-attorney/register, as at July 2026, subject to change).
Ordinary vs lasting power of attorney: side by side
The table below sets out the main practical differences between the two documents in England and Wales. It is a general comparison rather than advice on which suits any particular person, and the detail of each document depends on how it is drawn up.
| Feature | Ordinary power of attorney | Lasting power of attorney (LPA) |
|---|---|---|
| Main purpose | Temporary help with finances | Long-term cover, including loss of capacity |
| What it covers | Financial matters only | Property and finances, and separately health and welfare |
| Continues if capacity is lost? | No, it ends | Yes, that is its purpose |
| Registration | Not required | Must be registered with the Office of the Public Guardian |
| Registration fee | None | £92 per LPA (see gov.uk below) |
| Typical use | Hospital stay, time abroad, a set task | Planning for later life or declining health |
Source: gov.uk/power-of-attorney and gov.uk/power-of-attorney/register, as at July 2026, subject to change.
Which one may fit your situation?
Neither document is better in the abstract; they answer different questions. If the need is short and specific, and you have capacity throughout, an ordinary power of attorney may be enough. If the aim is to make sure trusted people can step in should your health decline, a lasting power of attorney is the document built for that, because it survives a loss of capacity. Many people choose to put an LPA in place well before it is needed.
- Define the need. Is it a temporary task or long-term cover?
- Consider capacity. Any prospect of losing capacity points away from an ordinary power of attorney.
- Consider scope. Health and welfare decisions can only sit within an LPA, not an ordinary power of attorney.
- Take advice where it matters. One option some consider is discussing the choice with a solicitor or a qualified professional before signing.
If no power of attorney is in place and capacity is lost, family members may have to apply to the Court of Protection to become a deputy, which is generally slower and more involved than registering an LPA in advance (gov.uk/become-deputy, as at July 2026).
What about an enduring power of attorney?
Enduring powers of attorney (EPAs) were replaced by lasting powers of attorney for property and financial affairs on 1 October 2007, so it is no longer possible to make a new one. An EPA made and signed before that date may still be valid and can be used, and it must be registered with the Office of the Public Guardian if the donor is losing or has lost mental capacity (gov.uk/enduring-power-attorney-becoming-attorney, as at July 2026). EPAs never covered health and welfare decisions.
Scotland and Northern Ireland
This guide describes England and Wales. The other UK nations differ. In Scotland, powers of attorney are governed by separate legislation and are registered with the Office of the Public Guardian (Scotland), with continuing and welfare powers taking the place of the LPA framework. Northern Ireland has its own system, including enduring powers of attorney that are still in use there. If your affairs touch more than one UK nation, it can be worth taking advice in each.
Frequently asked questions
Does an ordinary power of attorney end if I lose mental capacity?
Yes. An ordinary power of attorney can only be used while you still have mental capacity, and it ends if you lose it. Citizens Advice states you "won't be able to continue using an ordinary power of attorney if you lose your mental capacity" (citizensadvice.org.uk, as at July 2026). A lasting power of attorney is the document made to continue in that situation.
Is a lasting power of attorney better than an ordinary one?
Neither is simply better; they do different jobs. An ordinary power of attorney can suit a short, defined task while you have capacity, such as a hospital stay. A lasting power of attorney is designed for long-term cover and continues if capacity is lost. Many people choose an LPA for later-life planning and an ordinary power for temporary needs, depending on circumstances.
Do I need to register an ordinary power of attorney?
No. An ordinary power of attorney does not need to be registered and can generally be used once it is signed correctly. A lasting power of attorney is different: it must be registered with the Office of the Public Guardian before it can be used (gov.uk/power-of-attorney, as at July 2026). It can be worth checking the current requirements before relying on either document.
How much does it cost to register a lasting power of attorney?
Registering a single lasting power of attorney costs £92, and registering both a property and financial affairs LPA and a health and welfare LPA costs £184. Reductions are available on lower incomes and exemptions on certain benefits (gov.uk/power-of-attorney/register, as at July 2026, subject to change). An ordinary power of attorney has no registration fee.
Can an ordinary power of attorney cover health and care decisions?
No. An ordinary power of attorney covers financial matters only. Health and welfare decisions, such as care and medical treatment, can only be handled under a health and welfare lasting power of attorney, which can be used once you are unable to make those decisions yourself (gov.uk/power-of-attorney, as at July 2026). The two documents are often considered together.
Can I still make an enduring power of attorney?
No. It has not been possible to make a new enduring power of attorney since 1 October 2007, when lasting powers of attorney replaced them for property and financial affairs. An EPA signed before that date may still be valid and must be registered if the donor is losing capacity (gov.uk/enduring-power-attorney-becoming-attorney, as at July 2026).