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Understanding an Ordinary Power of Attorney

An Ordinary Power of Attorney (OPA), also known as a General Power of Attorney (GPA) or Standard Power of Attorney (SPA), is a legally binding document that authorises one person to act on your behalf in the short term for matters involving property, assets, or financial affairs.

When you grant someone powers to act on your behalf, they become known as the “attorney” and you become known as the “donor” (the person granting the authority).

An OPA is only valid whilst you have mental capacity; it becomes void if you lack mental capacity at any given point, meaning the authorised individual loses their right to act on your behalf.

Other types of Power of Attorney include:

  • Lasting Power of Attorney (LPA): This allows someone to make decisions on your behalf even after you lose mental capacity - important for long-term estate planning. LPAs must be registered through the Office of the Public Guardian, unlike OPAs.

  • Enduring Power of Attorney (EPA): These were replaced by LPAs in 2007 after the Mental Capacity Act (MCA) 2005 came into place. Existing EPAs are still valid for use, but new ones cannot be registered. They are almost identical to LPAs in their goals.

Why Might You Need an Ordinary Power of Attorney?

You may want to consider having an OPA created if:
  • You are travelling abroad for an extended period and need someone to manage your finances.
  • You’re recovering from an illness or surgery and require temporary support with financial decisions.
  • You own multiple properties or run a business and need assistance handling your affairs.

Understanding What Ordinary Power of Attorney Can Be Used For

An OPA can grant your attorney authority over:
  • Paying bills and managing bank accounts.
  • Collecting benefits or pensions.
  • Managing investments or rental properties.
  • Handling business operations.
  • Arranging care for dependents, such as ensuring tuition fees or childcare expenses are paid.
  • Overseeing healthcare logistics, like handling insurance claims or arranging transport for medical appointments.
  • Dealing with property maintenance or renovations while you’re away.
You retain full control and can revoke the OPA at any time, provided you have mental capacity.

Ensuring You Retain Control

When drafting an OPA, there are several aspects which can restrict what the authorised individual is and isn’t able to do on your behalf. These include:

  • Restrictions on Granted Responsibilities (Called a “Limited Power of Attorney”).

  • Automatic End Date

  • Appointment of Multiple Attorneys

  • Revocation Clause

If you require guidance on what you should include in your OPA, our qualified solicitors at either our London or Cambridge offices will be more than happy to assist you. We understand the importance of drafting a document that respects your best wishes, giving you peace of mind that someone you trust will handle your financial or property affairs while you’re away.

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Why You Should Act Now

Taking a proactive approach by establishing an OPA is important for ensuring that someone you trust is authorised to manage your affairs if you become unable to do so. If you do not arrange an OPA and you’re physically injured in an accident or are out of the country for a holiday, managing affairs could become complicated for those closest to you.

If mental capacity is lost without an LPA, a Deputyship Order becomes necessary. A family member or friend must apply to the Court of Protection to be appointed as your deputy, and, if appointed, will be subject to ongoing supervision, which can be restrictive and may not fully align with your personal wishes.

How Our Solicitors Can Help You

Establishing an OPA is a significant legal step that requires precision to make sure your affairs are managed accordingly. Culver Law offers expert Power of Attorney services to assist you with the following:

  • Avoid Loopholes or Ambiguities: We provide advice on suitable instructions to prevent your attorney from unintentionally acting incorrectly.

  • Ensure Compliance with Legal Requirements: Our team ensures that all legal formalities are correctly followed, reducing the risk of future disputes or challenges.

  • Tailor the OPA to Your Specific Needs: We’ll work closely with you to shape the document to your needs, reflecting your unique circumstances.

  • International Considerations: Power of Attorney is UK-specific, so we can provide specific advice if you’re dealing with international assets, properties, or financial affairs.

Our Process

1

Initial Consultation: We’ll discuss your needs and explain the OPA process in straightforward terms.

2

Drafting the Document: We prepare a tailored Ordinary Power of Attorney document to meet your specific requirements.

3

Approval and Execution: Once you’re satisfied, we guide you through the signing process to ensure the document is legally binding.

4

Ongoing Support: If circumstances change, we’re here to help you update or revoke your OPA.

Why Choose Culver Law?

  • Legal Expertise - Michael Culver is a “Panel Deputy” (a professional appointed by the Court of Protection to manage the affairs of individuals lacking mental capacity), one of just a handful in the UK.

  • Accessible Legal Support - We strongly believe legal support should be both easy to understand and accessible to all. All our staff have received Deaf Awareness Training and Visual Impairment Training. Our website has a number of accessibility tools to assist our clients to access information as well as video relay services and on demand interpreting service for Deaf clients. We’re passionate about supporting users with other additional assistance needs and would be pleased to discuss ways we can support you with your legal matters

  • Compassionate Guidance - Creating an Ordinary Power of Attorney involves important decisions. We provide empathetic support, guiding you with care and understanding.

  • Tailored to Your Needs - We shape every OPA to suit your unique circumstances and goals, meaning your wishes are accurately reflected by your authorised attorney.

  • Clarity and Transparency - We ensure clear, open communication, explaining every step so you can make informed decisions with confidence.

  • Peace of Mind Service Level Guarantee - We strive to offer the very best client service and as such, if you have any reason to be dissatisfied with the service we have provided, you have the right to reduce our invoiced fees by up to 25%. View more information here.

Our Offices

Culver Law, London

Hamilton House, 1 Temple Avenue, London
EC4Y 0HA
Tel: 0207 846 5029
Company No. 13313009

More info

Culver Law, Cambridge

9 Hills Road, Cambridge
CB2 1GE
Tel: 01223 653010
Company No. 13313009

More info

Our Power of Attorney Solicitors

Michael culver

Michael Culver

Based in our London office, Michael, the founder and Managing Director of Culver Law Ltd, is a Court of Protection panel deputy for property and affairs, one of just a handful in the UK. This position demonstrates Michael’s responsibility to manage the money and assets of people who are unable to manage such matters for themselves. Michael has also acted as a health and welfare deputy for several of our clients, making decisions on their behalf over matters where they are unable to make decisions for themselves.
Contact:
  • Tel: 0207 846 5029
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Amy Wallhead

Amy Wallhead

Based in our Cambridge office, Amy regularly advises and prepares applications for the Court of Protection, provides support to attorneys and deputies in their roles, and provides advice on issues regarding mental capacity and safeguarding. Amy is particularly interested in dementia and related illnesses, using this knowledge to help her clients remain involved in decisions about their affairs for as long as possible.
Contact:
  • Tel: 01223 653010
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Arrange Your Powers of Attorney Today

Contact a member of our team today on 0207 846 5029 , or via our online form below. We believe every person should have access to legal services - for d/Deaf customers, please use our BSL Interpreter service.

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FAQs

How long does it take to set up an OPA?

Setting up an Ordinary Power of Attorney can typically be completed within a few days, depending on the complexity of your affairs and the responsiveness of the parties involved.

How does an OPA differ from a Lasting Power of Attorney (LPA)?

An OPA is valid only while the individual has mental capacity, meaning it is only typically used for short-term arrangements. In contrast, an LPA remains valid even if the individual loses mental capacity, meaning it is normally used for long-term planning. 

LPAs are subsequently split into two types: 

  • Health & Welfare, which focuses on medical-related decisions when someone loses mental capacity (sometimes known as Medical Power of Attorney), and 
  • Property & Financial, which gives authority to manage an individual’s estate when capacity is lost. 

How much does it cost to register an OPA?

In the UK, there is no requirement to register an Ordinary Power of Attorney, so there are no associated registration fees. However, Lasting Power of Attorneys (LPAs) must be registered through the Office of the Public Guardian, which costs £82 per LPA.

Who can grant a Power of Attorney?

Any individual over the age of 18 with the mental capacity to understand the nature and implications of granting a Power of Attorney can do so.

Do I need a solicitor to draft an OPA?

While it's not legally required to have a solicitor draft an OPA, we recommend seeking legal advice to help ensure the document accurately reflects your intentions, avoids loopholes, and complies with legal requirements.

What happens if my assigned attorney misuses the POA?

If your assigned attorney misuses their powers, you can revoke the Power of Attorney at any time through a “deed of revocation”, provided you have the mental capacity to do so. If you lack capacity, a court application may be necessary to remove the attorney.

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Powers of Attorney Services

Our team are experienced in handling a broad range of Powers of Attorney, that include but aren’t limited to:

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    T: 0207 846 5029
    E: This email address is being protected from spambots. You need JavaScript enabled to view it.

    Authorised and Regulated by the Solicitors Regulation Authority. SRA Number: 820401.

    Registered Office
    Hamilton House, 1 Temple Avenue, London
    EC4Y 0HA
    Company No. 13313009

    Culver Law, London
    Hamilton House
    1 Temple Avenue
    London
    EC4Y 0HA
    0207 846 5029

    Culver Law, Cambridge
    9 Hills Road
    Cambridge
    CB2 1GE
    01223 653010

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