If you have an Enduring Power of Attorney (EPA), you might be wondering whether it’s still valid and whether you need to replace it with a Lasting Power of Attorney (LPA). Let’s break it down and help you understand your options.

Is your EPA still valid?

It has not been possible to create new EPAs since 1 October 2007. However, if you created an EPA before 1 October 2007, it remains valid.

Since that date, EPAs have been replaced by LPAs, which are considered more flexible and secure.

While you may still use your EPA, it’s worth considering whether switching to an LPA would better suit your needs.

What is an Enduring Power of Attorney (EPA)?

An EPA gives your chosen attorneys authority over your property and financial affairs. It can cover all aspects of your finances or be restricted to specific areas, depending on how it was set up.

Attorneys under an EPA can start acting as soon as the document is signed, unless stated otherwise. However, if the donor (the person who granted the EPA) is becoming mentally incapable, the EPA must be registered with the Office of the Public Guardian (OPG) before attorneys can continue making decisions.

How do you register an Enduring Power of Attorney (EPA)?

Once the mental capacity of the donor declines and he or she is becoming mentally incapable, attorneys must register the EPA with the OPG, following these steps:

1. Notify the donor, three eligible family members, and any attorneys appointed jointly and severally but who are not applying to register the EPA. Each person must be provided with the EP1PG form.
2. Follow the formal notification process outlined by the OPG guidance (EPA101). This is very prescriptive, for example, it lists the categories of the eligible family members and the order of priority to be notified.
3. Pay the £82 registration fee and submit the application to the OPG using the application form EP2PG.

The registration process should typically take eight to ten weeks, provided there are no objections. The OPG aim to register the EPA within 35 days, but since COVID, these timescales have crept up. 

Do I need a solicitor to help me to register the Enduring Power of Attorney (EPA)?

Technically no, but given the lengthy timescale, many people prefer to appoint a solicitor to ensure the process does not have to be repeated due to errors in the application process and risk losing valuable time.  

Clearly, if the donor is losing capacity, then time is of the essence to register the EPA successfully and thereby limit the risk of there being a period when the attorney cannot act.

What is a Lasting Power of Attorney (LPA)?

Since 1 October 2007, only LPAs can be created. There are two types:

• LPA for Property and Financial Affairs – Similar to an EPA, but attorneys can only act once the LPA is registered.
• LPA for Health and Welfare – Allows attorneys to make decisions about care, medical treatment, and personal welfare, but only once the donor has lost mental capacity.

The LPA registration process takes 12 to 20 weeks, so it’s advisable to set it up in advance to ensure attorneys can act as soon as needed.

If you would like to read more about LPAs, you may like our article:

‘Why Lasting Powers of Attorney are crucial’.

What’s the Difference Between EPAs and LPAs?

1. LPAs offer more flexibility – EPAs become invalid if attorneys are unable to act, whereas LPAs allow you to appoint replacement attorneys.
2. LPAs for Health and Welfare – EPAs do not cover medical or care decisions. If you want attorneys to make decisions about your health and life-sustaining treatment, an LPA is essential.
3. LPAs are more secure against misuse or fraud – A certificate provider must confirm that you understand the document and that no fraud or undue pressure was involved.

Should You Switch to an LPA?

Even if your EPA is valid, there are strong reasons to consider revoking it and replacing it with an LPA:

• Registration timing – EPAs are registered only when mental capacity is lost, whereas LPAs can be registered in advance, making them quicker to use when needed.
• Attorney flexibility – LPAs allow multiple attorneys and replacements, ensuring continuity if an attorney can no longer act.
• Cost efficiency – Registering an EPA later may cost as much, if not more, than preparing an LPA. Many individuals who already have an EPA, opt to replace the EPA with LPAs due to their ease and security.
• Health and Welfare LPAs – Donors get a chance to add a Health and Welfare LPA to their Property & Financial EPA / LPA. As most solicitors offer a discounted fee for preparing both types of LPA, this often presents an opportunity to prepare two up-to-date LPAs for the same or similar fee for registering an old EPA.
• Update your attorneys – any EPA will be at least 18 years old and probably older (we are writing this article in 2025). It is likely that you will want to review your attorneys after all this time. For example, if your children were young back then, they will now be of majority age and can act as your attorneys.

Need Advice?

If you want to review your current EPA or LPA, or create a new LPA, please arrange an appointment with Philip Williams at Boston Spa Legal – call 01937 227896 or email philip@bostonspalegal.co.uk

Disclaimer: This article provides general information and should not be considered legal advice.