Many people believe that Enduring Powers of Attorney (EPAs) are no longer valid in the UK. That’s not quite true. Although EPAs were replaced by Lasting Powers of Attorney (LPAs) back in October 2007, any EPA that was properly made before then can still be used today.
For attorneys who are trying to act under an Enduring Power of Attorney, this should mean that the document is just as effective as a Lasting Power of Attorney. However, unfortunately, in practice things aren’t always so straightforward. Banks, utility companies, and other organisations are far more familiar with LPAs, and this lack of understanding can cause unnecessary problems and delays.
What is an Enduring Power of Attorney?
An EPA is a legal document that allows someone (the “donor”) to appoint one or more people (the “attorneys”) to manage their property and financial affairs.
- Before October 2007: people could choose to make an EPA.
- After October 2007: EPAs were replaced by LPAs, which cover both financial decisions and health & welfare decisions.
If you signed and properly witnessed an EPA before October 2007, it remains legally valid today. Attorneys can use it to help with everyday financial tasks such as managing bank accounts, paying bills, or selling property.
Why are EPAs less understood?
The problem is simple: EPAs are older, and fewer people are making them now. Staff at banks, building societies, and service providers are trained on Lasting Powers of Attorneys because that’s what the Office of the Public Guardian registers today.
This can lead to:
- Confusion about registration – With LPAs, registration must happen before use. With EPAs, registration is only needed once the donor has lost, or is starting to lose, mental capacity. Some organisations wrongly insist on registration before attorneys can act.
- Requests for unnecessary paperwork – Attorneys may be asked to produce documents or evidence that simply isn’t required by law.
- Delays in access – While staff “check” whether an EPA is valid, attorneys may face frustrating waits when they are trying to deal with urgent matters like paying care fees.
The impact on Attorneys
When banks and companies don’t recognise an EPA properly, attorneys often feel stuck in limbo. They are legally responsible for helping the donor manage their money, yet they may be prevented from doing so because the organisation won’t cooperate or there are delays from the organisation accepting the use of an EPA.
This can be stressful for attorneys who are often family members already juggling care responsibilities. It can also create financial risks for the donor if bills go unpaid or money cannot be accessed.
What Attorneys can do
If you are acting under an EPA and encounter resistance:
- Stay calm and explain – Point out that EPAs are still valid under UK law if made before 1 October 2007.
- Refer to official guidance – The Office of the Public Guardian has information confirming EPAs are still legal. Having a copy to hand can help.
- Escalate if needed – Ask to speak to a manager or the legal department if frontline staff aren’t aware of the rules.
- Seek legal advice – A solicitor can write to the organisation on your behalf if the situation becomes too difficult.
Should you update to an LPA?
Even if you have a valid EPA, it may be worth considering whether to also set up an LPA. An LPA has wider recognition and can cover both financial and health decisions, whereas an EPA only covers property and finances. An LPA can also give peace of mind that organisations will understand and accept the document more easily.
To summarise, Enduring Powers of Attorney are still perfectly valid in the UK. The challenge is that fewer people know about them, which means attorneys can face unnecessary hurdles when trying to use them. If you are an attorney under an EPA, don’t be discouraged. There are ways to overcome these problems and make sure the donor’s affairs are managed smoothly.
If you’d like advice about using an Enduring Power of Attorney, or if you’re thinking about updating to a Lasting Power of Attorney, I’d be happy to help. Please feel free to contact me on mandy.tourle@cognitivelaw.co.uk or call on 01489 332016