England and Wales
Ordinary Power of Attorney
An Ordinary Power of Attorney is usually created for a set period of time in
cases where the Donor is going abroad or is unable to act for some other reason
and wishes someone else to have the authority to act on his or her behalf. The
authority granted can be general or limited to specific affairs.
An Ordinary Power of Attorney will usually end either at a specified time or
upon the request of the Donor at any time using a Deed of Revocation and will
automatically be revoked if the Donor loses mental capacity. There is no
requirement for an Ordinary Power of Attorney to be registered.
Enduring Power of Attorney
The Mental Capacity Act 2005 replaced Enduring Powers of Attorney (EPAs) with
Lasting Powers of Attorney from 1 October 2007. From this date it is no longer
possible to create a new EPA.
Existing but un-registered EPAs can continue to be registered after 1 October
2007.
Lasting Power of Attorney
Lasting Powers of Attorney (LPAs) were introduced by the
Mental Capacity Act 2005 from 1 October 2007.
They allow individuals to appoint Attorneys to look after their property and
financial affairs (a Property and Affairs LPA) and also to make health and
personal welfare decisions (a Personal Welfare LPA) when they lack the capacity
to make these decisions themselves in the future. The Attorney(s) can only use
the LPA after it has been registered with the
Office of the Public
Guardian.
Forms
and Booklets
(Enduring Power of Attorney
As of 1 October 2007 new Enduring Powers of Attorney cannot be created. Lasting
Powers of Attorney replace Enduring Powers of Attorney. )
There are two types of LPA: