Types of Power of Attorney: Ordinary, Enduring and Lasting

In short: The types of power of attorney in England and Wales are ordinary, enduring and lasting. Only lasting powers of attorney can be made today, in two forms: property and financial affairs, and health and welfare. Ordinary ones end if the donor loses capacity, and enduring ones are valid only if signed before October 2007.

The main types of power of attorney in England and Wales

There are three types of power of attorney in England and Wales: ordinary, enduring and lasting. Only the lasting kind can be made today, and it comes in two forms, one for property and financial affairs and one for health and welfare. The choice affects what an attorney can do, and whether the document still works if the person who made it loses mental capacity.

The person who makes the document is called the donor, and the person they choose to act for them is the attorney. Mental capacity means being able to make a particular decision for yourself. Capacity is judged for each decision, so a person may be able to make one decision and not another.

This guide explains each of the types of power of attorney in turn, then compares them. Information here is as at November 2026 and applies to England and Wales unless a section says otherwise.

Ordinary power of attorney: a general or one-off authority

Of all the types of power of attorney, the ordinary one is the simplest. An ordinary power of attorney, sometimes called a general power of attorney, lets someone act for you while you still have mental capacity. It ends if you lose capacity, so it is not suitable for planning ahead for dementia or illness. Age UK describes it as useful for temporary needs, such as being away on holiday, or where you can still supervise the person acting.

An ordinary power of attorney can be general, covering your affairs, or limited to one task, such as selling a house. Because you keep the ability to make your own decisions, you can still act for yourself, and you can cancel it. It also ends if the task is finished or if the attorney dies or loses capacity.

It is not registered with the Office of the Public Guardian (OPG), and the OPG’s guidance on bank accounts says it stops being legal authority if the donor loses mental capacity. A bank may still ask to see it and ask for proof of identity. For long term planning, an ordinary power of attorney will not be enough, because the authority stops at the point it might be needed most.

Enduring power of attorney: only if made before October 2007

An enduring power of attorney (EPA) is an older kind of document, covering money, property and investments, that was designed to keep working if the donor lost capacity. New EPAs can no longer be made. One signed before 1 October 2007, when lasting powers of attorney replaced them, is still valid, according to Age UK, and GOV.UK says an EPA signed after that date is invalid.

An EPA does not cover health and welfare decisions. It can be used before it is registered, with the donor’s permission, while the donor still has capacity. Once the donor starts to lose capacity, the attorney must register it with the OPG. Age UK’s factsheet 22, dated August 2026, says the attorney must tell the donor and at least three relatives that they intend to register it.

Two further points are worth knowing. According to Age UK, only the Court of Protection can revoke a registered EPA, and a lasting power of attorney cannot be registered while a registered EPA exists unless the EPA is revoked first. If an EPA turns out to be invalid and the donor lacks capacity, GOV.UK says the attorneys may need to apply for a deputy order from the Court of Protection. Our page on how to get power of attorney covers the next steps.

The two types of lasting power of attorney (LPA)

Among the types of power of attorney, the lasting kind is the only one you can make now. A lasting power of attorney is legally binding only in England and Wales. You must be 18 or over and have mental capacity when you make it. You can make one type or both, and each is a separate document. Check current registration details on GOV.UK, and takes 8 to 10 weeks if there are no mistakes, per GOV.UK.

Property and financial affairs LPA

A property and financial affairs LPA covers money and property, such as bank accounts, bills, benefits, pensions and selling your home. It can be used as soon as it is registered, with your permission, or you can choose for it to apply only if you lose capacity. This is the closest modern match to an EPA.

Health and welfare LPA

A health and welfare LPA covers daily routine, medical care, moving into a care home and, if the donor says so, life-sustaining treatment. It can only be used when the donor cannot make their own decisions. Our page on the health and welfare lasting power of attorney goes into more detail, and the main lasting power of attorney guide covers both.

Comparing the types of power of attorney at a glance

The types of power of attorney differ mainly in what they cover and in what happens if the donor loses capacity. This list summarises the position in England and Wales as at November 2026.

• Ordinary power of attorney: can be made now. It covers financial or property matters, general or one task. It ends if the donor loses capacity. It is not registered with the OPG.
• Enduring power of attorney: cannot be made now, and is valid only if signed before October 2007. It covers property and financial affairs only. It continues after loss of capacity once registered with the OPG.
• Property and financial affairs LPA: can be made now. It covers money and property. It can be used once registered, with the donor’s permission, and continues if capacity is lost.
• Health and welfare LPA: can be made now. It covers care, medical treatment and where the donor lives. It can only be used when the donor lacks capacity for the decision.

Whichever of the types of power of attorney is chosen, the donor needs capacity to appoint the attorney. Once capacity has gone, nobody can make a lasting power of attorney on the donor’s behalf.

Which type of power of attorney might suit your situation

Choosing between them depends on what you need an attorney to do and how far ahead you are planning. This is general information, so a solicitor or the OPG can help you choose.

Think about who you trust, whether you want the attorney to act now or only if you lose capacity, and whether you need help with money, with care decisions, or with both. Families often find it easier to talk this through early, while the donor can still take a full part in the conversation and make their wishes known.

• For a short, specific task while you are well, an ordinary power of attorney may be enough.
• For planning ahead for dementia or illness, a lasting power of attorney is the type that can be made today. Many families make both LPAs together.
• If an older EPA already exists, ask the OPG or a solicitor whether it has been registered and whether it still meets your needs.
• If someone has already lost capacity and has no LPA or valid EPA, the Court of Protection can appoint a deputy for property and financial affairs.

None of these documents lets an attorney do whatever they like. Attorneys must act in the donor’s best interests, and the OPG can look at complaints about an attorney who is not carrying out their responsibilities properly.

Scotland and Northern Ireland

The lasting power of attorney is legally binding only in England and Wales, so Scotland and Northern Ireland use different documents. Wales follows the same rules as England.

In Scotland, a continuing power of attorney covers financial and property affairs and can carry on if you lose capacity, while a welfare power of attorney covers welfare decisions and applies only after capacity is lost. A solicitor or medical practitioner must certify the document, and powers that take effect on incapacity must be registered. See our page on power of attorney in Scotland.

In Northern Ireland, an enduring power of attorney covers financial matters only and cannot be used for health or welfare decisions. It must be registered with the High Court (Office of Care and Protection) once the person can no longer manage their affairs. See enduring power of attorney in Northern Ireland. This is general information and does not replace legal advice.

Frequently asked questions

What are the different types of power of attorney?

In England and Wales there are three: ordinary, enduring and lasting. Only lasting powers of attorney can be made now, in two forms, one for property and financial affairs and one for health and welfare. Enduring powers of attorney are valid only if signed before October 2007.

What is the difference between an ordinary and a lasting power of attorney?

An ordinary power of attorney ends if the donor loses mental capacity, so it suits short term or supervised arrangements. A lasting power of attorney is designed to be used when capacity is lost, but it must be made while the donor has capacity and be registered with the Office of the Public Guardian.

Can I still make an enduring power of attorney?

No. New enduring powers of attorney can no longer be made. One signed before October 2007 is still valid and can be registered if it has not been already. If you want an attorney today, a lasting power of attorney is the type you can make.

Does a health and welfare LPA let someone manage my money?

No. A health and welfare LPA covers daily routine, medical care, care home moves and, if allowed, life-sustaining treatment. Money and property are covered by a separate property and financial affairs LPA. You can make one type or both, and each is registered separately.

When can a health and welfare LPA be used?

Only when the donor cannot make their own decisions. A property and financial affairs LPA can be used as soon as it is registered, if the donor gives permission, or the donor can choose for it to apply only after capacity is lost.

Is a lasting power of attorney valid in Scotland?

No. The lasting power of attorney is legally binding only in England and Wales. Scotland uses continuing and welfare powers of attorney, and Northern Ireland uses enduring powers of attorney for financial matters. Speak to a solicitor in the relevant nation about which applies.

Can an ordinary power of attorney be used after someone loses capacity?

No. The OPG guidance on managing a bank account for someone else says an ordinary power of attorney stops being legal authority if the donor loses mental capacity. After that, a registered LPA or EPA, or a deputy appointed by the Court of Protection, is needed.

Official sources

• GOV.UK: Lasting power of attorney, overview
• GOV.UK: Make a lasting power of attorney
• GOV.UK: Enduring power of attorney, valid example
• GOV.UK: Make a lasting power of attorney, forms and guidance
• GOV.UK: Guidance for people wanting to manage a bank account for someone else (July 2025)
• Age UK: Enduring power of attorney
• Age UK: Factsheet 22, Arranging for someone to make decisions on your behalf (August 2026)
• mygov.scot: Power of attorney
• NI Direct: Managing your affairs and enduring power of attorney

This page is general information, not legal, medical or financial advice. The Care Panel is an independent guide and is not part of any government body or care provider. Last checked 9 November 2026.

Related: Lasting power of attorney cost · Lasting power of attorney or deputyship · Mental capacity assessment explained

See also: Attorney Duties Under a Lasting Power of Attorney Explained · Will and Lasting Power of Attorney: Why You Need Both

See also: Are next of kin responsible for care home fees?

Reviewed by The Care Panel team on 9 November 2026. This guide is general information about care in England, not legal, medical or financial advice. Rules and rates change; check with your council or an adviser before making decisions.