If you or a loved one created Enduring Powers of Attorney (EPA) before 1 October 2007, you might be wondering whether it still holds legal weight today. With the introduction of Lasting Powers of Attorney (LPA’s) under the Mental Capacity Act 2005, EPA’s were officially phased out, but that does not mean they are obsolete provided they were executed correctly.
What are Enduring Powers 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 only if they become mentally incapable. EPA’s were widely used before LPA’s came into effect in October 2007.
Unlike LPA’s, EPA’s do not cover decisions about health and welfare. If you want someone to make choices about your medical treatment or living arrangements, you’ll need a separate Health and Welfare LPA.
Are EPA’S Still Valid?
Yes-EPA’s are still legally valid in 2025 if they were properly signed and witnesses before 1 October 2007.
However, there are important conditions to consider:
- If the donor still has mental capacity, the EPA can be used without registration.
- If the donor loses mental capacity, the EPA must be registered with the Office of the Public Guardian (OPG) before it can be used.
Should You Replace an EPA with an LPA?
While EPA’s remain valid, many people are choosing to revoke their EPA’s and create LPA’s instead. LPA’s provide:
- Broader coverage: LPA’s can include both financial matters and health / care decisions,
- More flexibility: LPA’s allow for more tailored instructions and preferences.
- Modern legal protections: LPA’s are designed to reflect current legal standards and best practices.
If your EPA on longer reflects your wishes, or if your appointed attorneys are no longer suitable, replacing it with an LPA may be the best option. Keep in mind that you must have mental capacity to create an LPA.
Final Thoughts:
EPA’s are still valid and can be used under specific conditions, but they’re limited in scope and flexibility compared to LPA’s. If you are reviewing your legal arrangements or planning ahead, it’s worth considering whether an LPA might better suit your current needs.
Please do not hesitate to get in touch to discuss your existing documents or explore putting LPA’s in place. We can talk you through the options, process and make recommendations to ensure you have the piece of mind that the planning you have put in place or intend to put in place suite your circumstances and supports you during your lifetime.
How Nelsons can help
Nicola Wadsworth is an Paralegal in our expert Wills and Probate team advising on a wide range of matters including Wills, grants of Probate and Powers of Attorney.
At Nelsons, we charge fixed fees for making Wills and offer a range of discounts should you also want to take the opportunity to make Lasting Powers of Attorney at the same time.
If you would like further advice in relation to this subject, please contact one of our team in Derby, Leicester and Nottingham on 0800 024 1976 or via our online enquiry form.
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