Ordinary power of attorney
An ordinary power of attorney (OPA) allows you to give someone else – known as your ‘attorney’ – the authority to manage your financial affairs on your behalf. Unlike a lasting power of attorney (LPA), an OPA is only valid while you still have mental capacity.
What is an ordinary power of attorney?
An OPA is a legal document that gives someone you choose the power to make decisions regarding finances and property on your behalf while you still have mental capacity. If you lose capacity, the OPA automatically becomes invalid.
When could I use an ordinary power of attorney?
An OPA can be useful if you need someone to look after your finances temporarily, or when having someone to act on your behalf would make things easier for you.
If you’re going travelling or will be out of the country for a while, it can be useful to set up an OPA so someone you trust can look after your finances or make decisions about your property while you’re gone.
An OPA can also be used if you need temporary support – for example, if you’re having treatment in hospital or recovering at home and you’re unable to go to the bank or the post office yourself.
What can an attorney do under an OPA?
An OPA only covers financial decision-making, which might include:
- selling a property
- looking after a bank account
- withdrawing and managing a pension
- other financial tasks.
You must specify which financial decisions an OPA can make for you, as it doesn’t grant general power to make all financial decisions on your behalf.
How long does an OPA last?
An OPA is temporary and is only valid while you have mental capacity.
A lasting power of attorney is still valid after you lose mental capacity, however, you still need to set it up while you have mental capacity.
How can I set up an OPA?
If you want to set up an OPA, contact your local Citizens Advice or get advice from a solicitor.
There’s no standard form to complete, but rather particular wording that must be used. To find a solicitor, contact of the Association of Lifetime Lawyers or the Law Society.
What’s the difference between an OPA and an LPA?
An OPA is only valid while you have mental capacity. An LPA remains valid even after you no longer have mental capacity.
An OPA only covers financial decisions, whereas there are 2 types of LPA – one for financial decisions and one for health and care decisions.
While an OPA may be useful in certain situations, it is generally best to make an LPA instead. This gives you peace of mind that your attorney(s) can act for you if you ever lose mental capacity to make your own decisions.
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