What Is an Enduring Power of Attorney?
Understanding how to manage decisions for a loved one—or planning ahead for your own care—is an essential part of estate planning. One of the most common questions we receive is: what is an enduring power of attorney and how does it differ from a Lasting Power of Attorney (LPA)?
In this in-depth guide, we’ll explain the definition, legal standing, and practical use of Enduring Power of Attorney (EPA) in the UK. We’ll also explore how EPAs are registered, when they come into force, and how they compare to LPAs. Whether you’re reviewing an old EPA document or planning new arrangements, this article will give you the clarity you need.
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What Is an Enduring Power of Attorney?
An Enduring Power of Attorney (EPA) is a legal document that gives one or more people (the attorneys) the authority to manage the property and financial affairs of another person (the donor) if they become unable to do so themselves. EPAs were the standard form of power of attorney for financial decisions before October 2007.
Since the introduction of the Mental Capacity Act 2005, EPAs were replaced by Lasting Powers of Attorney (LPA). However, if an EPA was created and signed before 1 October 2007, it remains valid today.
How Does an Enduring Power of Attorney Work?
An EPA can be used by the attorneys immediately after it has been signed, with the donor’s permission. If the donor starts to lose mental capacity, the attorney must register the EPA with the Office of the Public Guardian (OPG).
Once registered, the EPA can be used even if the donor no longer has the mental capacity to make decisions about their finances.
What Can an EPA Be Used For?
- Paying bills and managing bank accounts
- Managing or selling property
- Overseeing investments and savings
- Handling pensions and financial contracts
It’s important to remember that an EPA covers property and financial affairs only. It does not allow decisions about health or welfare. For that, a separate Health and Welfare LPA is needed.
What Is the Difference Between an EPA and an LPA?
Many people confuse EPAs and LPAs. While they both provide authority to act on someone else’s behalf, there are several key differences:
| Feature | Enduring Power of Attorney (EPA) | Lasting Power of Attorney (LPA) |
|---|---|---|
| Type of decisions allowed | Financial decisions only | Two types: Financial or Health & Welfare |
| Still available today? | No – replaced by LPAs in 2007 | Yes – created under current law |
| Registration process | Register only if donor loses capacity | Must be registered before use |
| Legal framework | Pre-2007 law | Mental Capacity Act 2005 |
When Should an EPA Be Registered?
If the donor still has mental capacity, the attorneys can use the EPA without registering it. However, once the donor starts to lose capacity, the attorney has a legal duty to register the EPA with the Office of the Public Guardian.
To register an EPA, attorneys must notify:
- The donor
- At least three family members of the donor
Once the application is submitted and approved, the EPA becomes a legally enforceable tool, even if the donor can no longer manage their affairs.
Can an Enduring Power of Attorney Be Changed?
No. You cannot update or amend an EPA once it has been signed. If changes are needed—such as appointing new attorneys—you would need to create a new LPA instead.
However, the donor can cancel (revoke) an EPA at any time while they still have mental capacity. The revocation must be in writing and signed by the donor, and the original EPA should be destroyed to prevent confusion.
Is It Better to Replace an EPA with an LPA?
In many cases, yes. While valid EPAs are still legally accepted, they don’t offer the same protections or flexibility as LPAs. Here’s why many families choose to replace their EPA:
- LPAs allow health and welfare decisions, which EPAs do not
- LPAs are governed by modern legislation and come with clearer guidance
- LPAs must be registered before use, offering earlier safeguards
If you’re unsure whether your EPA is still appropriate, our team can help review your documents and advise if a switch to an LPA would better suit your needs. Book a call today for personalised support.
What Happens If Someone Has an EPA and Loses Capacity?
If the donor loses capacity and the EPA is already registered, the attorney can continue managing financial matters. If the EPA is not yet registered, it must be sent to the Office of the Public Guardian before it can be used legally.
The attorney should always act in the best interests of the donor, keeping clear records and avoiding conflicts of interest.
How to Check If an EPA Is Registered
You can check the status of an EPA by contacting the Office of the Public Guardian. If it’s already registered, a certified copy should be available. This document will have a validated cover page confirming it’s officially recognised.
If you need a certified copy, it can be created by a solicitor or the donor themselves if they still have mental capacity.
When Should You Create an LPA Instead?
If you don’t already have an EPA—or if you want broader control—it’s best to create a Lasting Power of Attorney. LPAs are the modern standard and offer more flexibility and protection.
At MP Estate Planning UK®, we specialise in setting up both types of LPA:
We’ll help you ensure your documents meet all legal requirements and give you full peace of mind.
FAQs: What Is an Enduring Power of Attorney?
Is an Enduring Power of Attorney still valid in the UK?
Yes, as long as it was signed before 1 October 2007 and the donor still has mental capacity (or it’s registered if they don’t), it is legally valid.
Can I still make an Enduring Power of Attorney?
No. EPAs can no longer be created. Since October 2007, only Lasting Powers of Attorney (LPAs) can be made.
Should I replace my EPA with an LPA?
It depends. While EPAs are valid, they may not provide the flexibility you need. We recommend reviewing your EPA with an estate planning professional to see if an LPA would be more suitable.
Do EPAs include health and welfare decisions?
No. EPAs only cover property and financial affairs. For health decisions, you’ll need a Health and Welfare LPA.
Conclusion: Understanding the Role of an Enduring Power of Attorney
So, what is an enduring power of attorney? It’s a legal tool that allows trusted individuals to manage your finances if you lose mental capacity. Although EPAs were replaced by LPAs in 2007, they remain valid today if set up correctly.
Whether you’re relying on an existing EPA or considering a modern LPA, early planning is essential. The right legal documents can give you and your family peace of mind for the future.
Ready to review or update your EPA? Book your free consultation now or explore our fixed-fee estate planning services to get started.