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Different Types of Power of Attorney in the UK

Different Types of Power of Attorney in the UK


When most people think of a Power of Attorney (POA), they picture the two main types of Lasting Power of Attorney: Health and Welfare, and Property and Financial Affairs. But there are other forms of authority that can apply in different contexts. Understanding these options can help you plan more effectively for your circumstances.


Joint Power of Attorney Explained

A joint Power of Attorney is where two or more attorneys are appointed to make decisions together. This arrangement ensures that no one person has sole control, which can be reassuring if you want built-in checks and balances.

You can also choose a jointly and severally setup, where attorneys can act independently as well as together. This provides more flexibility if one attorney is unavailable but still keeps collaboration in the mix.


What Is a Guardian Power of Attorney?


Some people ask about a guardian Power of Attorney. Strictly speaking, this is not a formal UK legal term. Instead, it usually refers to the role of a deputy appointed by the Court of Protection when someone has lost capacity and no LPA is in place. Deputies act much like attorneys, but the process is more costly and time-consuming. Another reason to create an LPA early.


Continuing Power of Attorney (Scotland Only)


In Scotland, the law is slightly different. A Continuing Power of Attorney covers financial matters and continues to be valid if the person loses capacity. It’s similar to the Property and Financial Affairs LPA used in England and Wales, but operates under Scottish law.


Banking Power of Attorney


Many banks allow a banking Power of Attorney to be set up, usually in the form of an ordinary POA that only applies to dealings with that specific bank. This can be useful for managing day-to-day transactions but will not cover wider financial or welfare decisions. For long-term planning, a registered LPA is still essential.


Business Lasting Power of Attorney


If you’re a company director, sole trader, or run a family business, a Business Lasting Power of Attorney can protect your livelihood. It allows you to appoint attorneys specifically to handle business decisions, separate from your personal affairs. Without one, your business could grind to a halt if you become unable to act.


Enduring Power of Attorney (EPA)


An Enduring Power of Attorney (EPA) was the predecessor to today’s LPAs. EPAs could only cover financial matters and, while no longer available to create, existing ones remain valid if signed before October 2007. Many people still have EPAs in place, but if you want health and welfare coverage, an LPA is required.


The Role of the Public Guardian

Finally, the Office of the Public Guardian (OPG) supervises all registered LPAs and EPAs in England and Wales. Their role is to make sure attorneys act properly, and they can investigate concerns, remove attorneys, or involve the Court of Protection if needed.

From joint arrangements to business and banking POAs, there are more options than many people realise. Each has a specific role, and the right choice depends on your personal, financial, or business needs.

At Power of Attorney Online, we make it simple to set up an LPA that works for your circumstances, giving you peace of mind that your future is secure.

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