Published on: 14th November 2022

EPA v LPA - Ensuring your Power of Attorney is ready to use

Lasting Powers of Attorney (LPAs) were introduced in 2007 to replace Enduring Powers of Attorney (EPAs). These legal documents allow the donor (the person creating the documents) to nominate people they trust to handle their affairs if they are ever unable to do so. The biggest difference between the documents is the registration, an EPA does not need to be registered to be used. Although EPAs can still be used if they were signed before 1^st October 2007, if you have one in place, it may be time to consider upgrading it to an LPA.

One key reason EPAs were replaced was that LPAs must be registered with the Office of the Public Guardian before they can be used. The LPAs also allow the donor to note details of whether the documents can be used while the donor still has mental capacity.

In order for an EPA to be used the document needs to have been completed before 1^st October 2007, this includes having all the necessary signatures and will only apply to property and financial affairs. If the EPA was not signed before this, it cannot be used. In this instance as long as the donor still has mental capacity, it is highly recommended an LPA is created. If there is no power of attorney in place and a friend or relative needs to handle a person’s affairs a Deputyship will need to be applied for. This is an extremely costly and long process which involves applying to the Court of Protection.

It may additionally be worth considering upgrading an EPA to the more secure and flexible LPA. There are two different types of LPAs, one for Property & Financial Affairs, which replaced the EPA, and a new type, Health & Welfare. The Health & Welfare LPA has been introduced to assist with decisions such as care or treatment the donor may accept or refuse. It can allow attorneys to make decisions about where the donor lives, their lifestyle and diet. In comparison to the EPAs, the LPAs also provide the opportunity to appoint attorneys as replacements, to step in if your primary attorneys can no longer act.

If you wish to review your EPA or LPAs then get in touch with us to arrange an appointment with one of our consultants. We can carry out the necessary checks to ensure your documents are ready to be used and if necessary, check that they are registered with the Office of the Public Guardian.

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If you wish to give instructions or require general information about our Wills, Lasting Powers of Attorney, or Trusts then we will carry out a telephone or Zoom appointment. However, if you wish to give instructions to one of our Consultants and you feel that you can only do this at a Face to Face meeting we are offering, at our Consultant’s discretion, a limited number of Face to Face appointments in most of the areas we normally cover (subject to Government advice). To see the areas we normally cover please click here. To arrange an appointment please telephone 01732 868190 or click here.

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