Differences Between Power of Attorney and Lasting Power of Attorney

People often confuse power of attorney and lasting power of attorney. Even though they both allow someone to act on another person's behalf, there are key differences. The Wills and Probate Team at Eatons Solicitors explains the key differences and what the process of getting one involves.

What is a Power of Attorney?

The Power of Attorney (PoA) is a document that authorises someone (the attorney) to act on behalf of another person (the donor). However, it is only valid whilst the donor is mentally capable.

A PoA may be limited scope and determine which tasks the attorney is responsible for. For example, a donor can allow their attorney to act on their behalf to sell a property.

It is worth noting there are several types of Power of Attorney; these are the General PoA and Ordinary PoA. These are short-term or temporary solutions that are put in place when the donor requires assistance, often with a particular matter or for a particular period of time.

What is a Lasting Power of Attorney?

The Lasting Power of Attorney is like the Power of Attorney but remains valid even if the donor loses mental capacity. For that reason, they are used for long-term planning. There are two types of Lasting Power of Attorney; Health and Welfare and Property and Financial Affairs.

Health and Welfare Lasting Power of Attorney

This type of lasting power allows a person of trust to make decisions regarding the donor's health or welfare. As such, it encompasses healthcare, daily routine, and the donor's living situation. It also allows the donor to select whether their attorneys should have authority to make life-sustaining treatment decisions on their behalf. The purpose of this document is to plan for the long term and ensure the donor's wishes are respected if they lose mental capacity.

Property and Financial Lasting Power of Attorney

A Property and Financial Affairs Lasting Power of Attorney may be used by the attorney to carry out transactions on the donor’s behalf, upon the donor’s instructions. This is helpful in a situation where the donor may be physically incapacitated but have full mental capacity. This type of Lasting Power of Attorney also allows the attorney to make decisions on the donor's behalf if mental capacity is lost through accident or illness This type of LPA will - gives the attorney the power to deal with matters relating to finances and property, including running bank accounts, paying bills, collecting pensions and managing savings and buying or selling property. It means a person of trust manages the donor's affairs should they become mentally incapacitated.

Key Differences Between Power of Attorney and Lasting Power of Attorney

Even though the Power of Attorney (PoA) and Lasting Power of Attorney (LPA) are similar, there are a few notable differences.

An LPA remains valid when the donor loses mental capacity, whereas a PoA doesn't. Their scope is also different since a PoA can be task-specific and temporary. In contrast, an LPA fits within a long-term estate management strategy.

Registration is another significant difference. Unless the attorney deals with land, the donor doesn't need to register the PoA. However, an LPA must be registered.

The final difference is usage. A PoA is ideal for short absences such as hospitalisation. However, an LPA supports ongoing financial or health decisions.

How to Get Power of Attorney

Setting up a power of attorney involves a few clear steps. These ensure that your chosen representative can legally make decisions on your behalf.

1. Choose the Right Type of Power of Attorney

Whether you are planning for the long-term or require short-term help, you can appoint an attorney. The Lasting Power of Attorney is the best solution for those planning for the long term. For those requiring short-term help, a Power of Attorney remains the best solution.

2. Appoint Your Attorney(s)

Pick one or more people you trust to act on your behalf. They must be over the age of 18, mentally capable, and not bankrupt or subject to a debt relief order (for the Property and Financial Affairs Lasting Power of Attorney). You can also decide whether they act jointly or independently of each other.

3. Complete the Relevant Forms

For a Power of Attorney, we recommend you ask a solicitor to draft the document. It must include your and your attorney’s details, the powers granted, and a clearly stated period. It must be signed and witnessed.

If you are planning for the future and want a Lasting Power of Attorney, you must use the official forms provided by the government. The team at Eatons recommends consulting our team of solicitors for advice and assistance. We are also able to sign the Certificate Provider section of the LPA if we are instructed to prepare the documentation.

4. Register the LPA

You must register an LPA with the Office of the Public Guardian (OPG) before using it. The registration costs (£92 from 17.11.2025) per LPA, and it takes 12 to 16 weeks to process.

Similar Yet Different

Both types of Power of Attorney are similar. They both allow a person of trust to look after your affairs if you are unable to. The main difference resides in the fact that an LPA offers long-term protection as it remains valid after the donor is mentally incapacitated. Even though in both cases it is not necessary to consult a solicitor, at Eatons, we strongly recommend you do.