If you’ve ever helped a loved one manage their affairs, you may have heard the term Enduring Power of Attorney or EPA and that they haven’t been available to create since October 2007, when Lasting Powers of Attorney (LPAs) replaced them. But here’s the surprising bit, EPAs aren’t gone completely. They can still be valid and useful in certain situations.
What’s the difference between an EPA and an LPA?
An Enduring Power of Attorney was a legal document that allowed someone (the attorney) to manage another person’s property and financial affairs. EPAs only covered money and property, not your health or personal welfare.
An LPA, on the other hand, comes in two types:
- Property and Financial Affairs LPA – similar to an EPA in scope.
- Health and Welfare LPA – for decisions about medical treatment, care, and living arrangements.
LPAs also have more built-in safeguards, such as a formal registration process before they can be used.
So is an EPA still useful?
Yes; if it was made and completed before 1 October 2007, it can still be used. In fact, if the person who made it (the donor) still has mental capacity, it can be used without the need for registration with the Office of the Public Guardian. It is only when the Donor starts to or has lost capacity that the Attorney is required to register it, before it can continue to be used.
Should you replace an EPA with an LPA?
That depends. An EPA might still be perfectly useable if it’s well-drafted and the attorneys named are still suitable. However, there could be good reasons for you to consider updating to an LPA:
- Broader powers – LPAs can cover health and welfare decisions, which EPAs never did.
- Current safeguards – The LPA process includes checks to reduce the risk of abuse.
- Changing circumstances – People named in an old EPA may no longer be the right choice.
In Conclusion
Enduring Powers of Attorney aren’t dead, they’re are just part of a previous legal era. If you have one, it’s worth getting it reviewed by a solicitor who specialises in later life planning. It may still serve you well, or it may be time to put a new Lasting Power of Attorney in place for full protection and peace of mind or pair the EPA with a LPA for Health and Welfare to ensure you have all your bases covered.
If you’d like to review your current arrangements, or discuss creating a Lasting Power of Attorney, I’d be happy to help. Contact me on mandy.tourle@cognitivelaw.co.uk or call me on 01489 332016.