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This article was published on June 29th, 2026
Enduring Powers of Attorney (EPAs) are no longer available to create, having been replaced by Lasting Powers of Attorney (LPAs) in October 2007. However, if you made a valid EPA before this date, it may still be legally effective today.
Many people are unsure how EPAs work, when they need to be registered and whether they should be replaced with an LPA. Here are five facts that may surprise you.
Unlike a Lasting Power of Attorney, an Enduring Power of Attorney does not need to be registered with the Office of the Public Guardian as soon as it is created.
Instead, it is typically registered when the person who made it (known as the donor) is beginning to lose, or has lost, the mental capacity to manage their own financial affairs. Until registration is required, attorneys may still be able to act under the EPA in certain circumstances while the donor has capacity and consents.
A common misconception is that an Enduring Power of Attorney allows someone to make both financial and healthcare decisions.
In reality, an EPA only covers property and financial affairs, such as managing bank accounts, paying bills or dealing with property.
If you would like someone to make decisions about your health, care or medical treatment should you lose mental capacity, you will also need a Health and Welfare Lasting Power of Attorney.
Since 1 October 2007, it has no longer been possible to create a new Enduring Power of Attorney.
However, any EPA that was correctly signed before this date remains legally valid and can still be registered if the donor later loses mental capacity.
An EPA does not expire simply because it is old.
It will usually remain valid unless it is revoked by the donor while they still have mental capacity, one of the parties dies, or the Court of Protection makes an order affecting it.
For this reason, it is sensible to review older EPAs from time to time to ensure they still reflect your wishes and that your chosen attorneys remain appropriate.
Although many Enduring Powers of Attorney continue to work perfectly well, your personal circumstances may have changed since it was created.
You may wish to review whether your chosen attorneys are still the right people to act on your behalf and consider whether putting a Health and Welfare Lasting Power of Attorney in place would provide additional protection for the future.
If you already have an Enduring Power of Attorney and would like to review whether it still meets your needs, or you are considering replacing it with a Lasting Power of Attorney, our Wills and Probate team at Thorneycroft Solicitors is here to help.
Contact us today on 01625 503444 or email [email protected] to speak with a member of our team.
Written by Alicia Owens, Paralegal in our Wills and Probate team.
