If you set up a Power of Attorney before 2007, it was likely an Enduring Power of Attorney (EPA) — a document that gives someone legal authority to manage your finances if you become unable to. But since Lasting Powers of Attorney (LPAs) were introduced, many people are unsure whether their existing EPA still works, or whether they need to switch.
In this guide, we explain what an EPA is, whether it’s still valid, and when it might be worth replacing it with an LPA. If you're planning ahead — or reviewing an older arrangement — we’ll help you understand your options and make sure your affairs are protected.
What is an Enduring Power of Attorney (EPA)?
An Enduring Power of Attorney (EPA) is a legal document that lets someone you trust take care of your finances and property if you’re no longer able to do so yourself — usually due to illness, injury, or age-related conditions.
EPAs were commonly used in England and Wales before 1 October 2007, when they were replaced by Lasting Powers of Attorney (LPAs). While you can’t make a new EPA today, any that were properly set up before this date are still valid and legally recognised.
However, unlike LPAs, an EPA only covers money and property matters — not health or care decisions. So if you want someone to make decisions about things like medical treatment or living arrangements, you’ll also need a Health and Welfare LPA.
Key features of an EPA
Covers finances only: Your attorney can manage bank accounts, pay bills, claim pensions, and buy or sell property.
Still works if you lose mental capacity: But it must be registered with the Office of the Public Guardian (OPG) before it can continue to be used.
Doesn’t cover care decisions: If you want someone to make healthcare or welfare choices for you, you’ll need to set up a separate LPA.
Can a new Enduring Power of Attorney be made?
No, new EPAs can no longer be created. Since 1 October 2007, the law changed, and Lasting Powers of Attorney (LPAs) replaced EPAs. If someone wants to set up a new power of attorney today, they must use an LPA instead.
Are existing Enduring Powers of Attorney still valid?
Yes, existing EPAs remain legal if they were signed and witnessed before 1 October 2007. The way they are used depends on whether the donor still has mental capacity:
If the donor has mental capacity, you can use the EPA without registration.
If the donor loses mental capacity, you must register the EPA with the Office of the Public Guardian (OPG).
What are the benefits of revoking an EPA?
Although Enduring Powers of Attorney (EPAs) are still legal, some people choose to cancel them. They then replace them with a Lasting Power of Attorney (LPA). This is because LPAs offer more flexibility and broader decision-making powers. It gives you stronger legal protections.
Here’s why switching to an LPA might be beneficial:
1. More flexibility and personalisation
LPAs allow the donor to give instructions and their preferences for their attorneys. This means you can provide guidance on how you want your finances and personal affairs to be handled. This will give you greater control over your future decisions.
2. Covers health and welfare decisions
Unlike an EPA, which only covers financial and property matters, an LPA can include personal care and medical decisions. By setting up a Health and Welfare LPA, you can make sure that someone you trust has legal authority. They can make healthcare, living arrangements, and end-of-life choices on your behalf.
3. Stronger legal protections
LPAs need a certificate provider to confirm that the donor understands the decision and is not under pressure to sign. This should be a professional or someone who knows the donor well. This extra step reduces the risk of financial abuse or manipulation, offering more protection than an EPA.
When should you review your EPA?
If you have an existing Enduring Power of Attorney (EPA), it’s a good idea to review it every so often to make sure it still meets your needs. Since EPAs only cover financial and property matters, many people choose to update to a Lasting Power of Attorney (LPA). This offers more flexibility and protection.
You should consider updating to an LPA if:
1. You want to appoint new or additional attorneys
With an LPA, you can update your choice of attorneys. If your original attorney is no longer available, suitable or willing, you can appoint a new attorney. Or you may want to appoint additional attorneys. This makes sure that someone you trust is always in place to act on your behalf.
2. Your circumstances have changed
If your belongings, income, or personal situation has changed since you set up your EPA, it may no longer reflect your needs. An LPA allows you to set specific instructions for managing your finances in line with your current situation.
3. You want to include health and welfare decisions
An EPA does not cover medical or personal care decisions. If you want to give someone the authority to make healthcare choices, you’ll need to set up a Health and Welfare LPA. They can then manage end-of-life care and make any care home arrangements.
4. Your original attorneys are no longer suitable
If your attorney has moved away, passed away, or can’t act, your EPA may no longer work. Updating to an LPA allows you to choose a new attorney and add replacement attorneys to future-proof your arrangements.
EPA vs LPA compared
Feature | Enduring Power of Attorney (EPA) | Lasting Power of Attorney (LPA) |
|---|---|---|
Covers | Financial matters only | Separate LPAs for financial and health decisions |
Still valid? | Yes, if made before 1 October 2007 | Yes, if registered with the OPG |
Can be used before donor loses mental capacity? | Yes | Yes (for financial LPAs, if specified) |
Needs registration? | Only if the donor loses mental capacity | Must be registered before use |
Can new ones be made? | No | Yes |
FAQs
Do I need to register an EPA if the donor still has capacity?
No, you only register an EPA if the donor loses mental capacity and can no longer make decisions. Until then, the person can use the EPA without registration.
Can an EPA be cancelled?
Yes, the donor can cancel an EPA as long as they still have mental capacity. If they want to update their arrangements, they can cancel the EPA and create a Lasting Power of Attorney (LPA) instead.
Should I replace my EPA with an LPA?
It depends on your situation. If you want to include health and welfare decisions, or if your circumstances or attorney choices have changed, an LPA may be a good option. It will offer better flexibility and protection. If you're not sure, we can offer legal advice to help you decide.
Final thoughts
If you have an existing Enduring Power of Attorney (EPA), it’s still valid — but that doesn’t mean it’s the best option for your current needs. EPAs can only cover financial matters, while Lasting Powers of Attorney (LPAs) offer broader protections, including decisions about health and care.
If you're unsure whether to keep or replace your EPA, speaking to a legal professional can help you make the right call. Taking action now can give you and your loved ones peace of mind, knowing everything is in place when it matters most.
References
Office Of The Public Guardian by Gov.UK
Register an Enduring Power of Attorney by Gov.UK