Enduring Powers of Attorney

21 October 2023

Are Enduring Powers of Attorney still valid and useful?

What is an Enduring Power of Attorney?


Enduring Powers of Attorney (“EPAs”) were replaced by Lasting Powers of Attorney on 1st October 2007.

Any EPAs drawn up prior to this date are still valid and they can be registered if someone loses mental capacity to deal with their affairs, but new EPAs cannot be drawn up.


LPAs are governed by the Mental Capacity Act 2005, and someone must certify that you have the  mental capacity to draw one up – this was not the case with the old style EPAs.


Why did EPAs change to LPAs?


EPAs are more limited in their scope, and this is why they were updated.


If you have drawn up an EPA, you may wish to consider a new LPA. The main limitations are:


● There is only one type, that deals with finances


● You cannot appoint replacement attorneys


●     An EPA is only registered if someone loses mental capacity


What do I do if someone has an EPA and I now need to help them use it?


EPAs can still be registered, and the attorneys must notify the donor and specified relatives of the intention to register the document in a specific order.


A registered EPA can only be revoked by making an application to the Court of Protection.


An unregistered EPA can be revoked using a Deed of Revocation.


Where do I start?


Contact us today for a free no obligation initial consultation.

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