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LPA vs EPA UK: What's the Difference and Do You Need to Update?

· 26 min

Note: The following scenario is fictional and used for illustration.

Margaret, 67, created an Enduring Power of Attorney in 2004 naming her daughter Helen as attorney for her finances. When Margaret's bank recently questioned whether the EPA was still valid, Helen panicked—she thought the document might have expired.

The truth? Margaret's EPA is still legally valid—but it has significant limitations compared to modern Lasting Powers of Attorney. It only covers financial decisions, offers no health and welfare protection, and lacks the safeguards built into LPAs created after 2007.

According to Office of the Public Guardian statistics, over 1.37 million power of attorney applications (LPAs and EPAs combined) were processed in 2024-2025. Margaret's confusion is shared by thousands of UK residents who hold old EPAs and don't know whether they need updating.

Understanding the differences between LPAs and EPAs helps you decide whether to stick with your old EPA or upgrade to more comprehensive legal protection.

Table of Contents

What Is an Enduring Power of Attorney (EPA)?

An Enduring Power of Attorney is a legal document created under the Enduring Powers of Attorney Act 1985 that allowed someone to make property and financial decisions on your behalf. EPAs were designed to "endure"—meaning they continued to work even after you lost mental capacity.

The Act was introduced in 1985 and remained the standard until it was replaced by Lasting Powers of Attorney on 1 October 2007 under the Mental Capacity Act 2005. While the 1985 Act was repealed, existing EPAs signed before October 2007 remain legally valid today.

EPAs only cover property and financial affairs. This includes managing bank accounts, paying bills, selling property, and handling investments. They do not cover health and welfare decisions like medical treatment or care home placement.

A key characteristic of EPAs was flexibility in timing. You could use an EPA immediately upon creation while you still had mental capacity, and it would continue working after you lost capacity. This "enduring" nature gave the document its name.

David's EPA from 2003 allowed his brother to manage his savings accounts, pay his council tax, and sell his rental property—but it couldn't be used to decide his medical treatment or care home placement. When David developed dementia in 2022, his brother could handle the finances but had no legal authority over healthcare decisions.

No new EPAs can be created since October 2007. If you need to appoint someone to make decisions on your behalf today, you must create a Lasting Power of Attorney instead.

What Is a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney is a legal document created under sections 9-14 of the Mental Capacity Act 2005 that allows someone to make decisions on your behalf if you lose mental capacity. LPAs replaced EPAs entirely for new documents from 1 October 2007.

Unlike EPAs, LPAs come in two distinct types. The Property and Financial Affairs LPA is similar to an EPA—it covers managing money, property, bills, and investments. The Health and Welfare LPA provides a new capability that EPAs never offered—making healthcare decisions, determining medical treatment, deciding on living arrangements, and even consenting to or refusing life-sustaining treatment.

LPAs must be registered with the Office of the Public Guardian before use. This is different from EPAs, which could be used immediately and only required registration once capacity started to decline. An LPA cannot be used at all until it has been registered, regardless of whether you still have mental capacity.

When Sarah created her LPAs in 2023, she made both types. One gave her husband authority over her bank accounts and house sale if needed. The other allowed him to make medical decisions if she couldn't communicate after a stroke. The Property and Financial Affairs LPA cost £92 to register, and the Health and Welfare LPA cost another £92—£184 total.

The Mental Capacity Act 2005 introduced LPAs with broader protection and stronger safeguards than EPAs ever had. Over 1.37 million power of attorney applications were processed in 2024-2025, the vast majority being LPAs rather than EPAs.

LPAs represent the current standard for appointing someone to make decisions on your behalf in England and Wales. They offer comprehensive coverage across both financial and personal welfare matters.

Key Differences Between LPA and EPA UK

The main difference between an LPA and EPA in the UK is scope and registration timing. An EPA only covers property and financial decisions and can be used before registration. An LPA comes in two types—property and financial affairs, and health and welfare decisions—and must be registered before any use.

Here's a detailed comparison of EPA versus LPA features:

Feature EPA (pre-2007) LPA (2007 onwards)
Scope Property and financial only Property and financial OR health and welfare (two types)
Registration timing Before capacity loss (optional); mandatory after capacity loss Before use (mandatory)
Replacement attorneys Not available Can appoint replacements
Certificate provider Not required Required for validation
Choose who's notified No (fixed relatives) Yes (donor decides)
Legal basis EPA Act 1985 (repealed) Mental Capacity Act 2005

Scope of coverage represents the most significant difference. EPAs handle property and financial decisions only—bank accounts, bills, property sales, investments. LPAs offer two types: one for property and financial affairs (similar to EPAs), and a separate one for health and welfare decisions including medical treatment, care arrangements, and life-sustaining treatment choices.

Registration timing works differently between the two. EPAs could be used immediately while the donor had capacity and only required registration when capacity started to decline. LPAs must be registered with the Office of the Public Guardian before any use, regardless of the donor's capacity. This adds an extra layer of scrutiny before the document becomes active.

Attorney appointments offer more flexibility with LPAs. EPAs typically named a single attorney or multiple attorneys acting jointly. If one attorney died or became incapacitated, the entire EPA could fail unless there were other attorneys appointed. LPAs allow you to appoint replacement attorneys who step in if your first choice can't act. You can also choose flexible decision-making arrangements—jointly, jointly and severally, or a combination.

Safeguards are stronger in LPAs. EPAs had limited protections and no certificate provider requirement. LPAs require a certificate provider to confirm you understand what you're doing and aren't being coerced. Registration before use adds additional scrutiny by the Office of the Public Guardian.

Notification on registration differs significantly. James's EPA from 2005 required his attorney to notify his estranged father when registering it—something he had no control over because the law specified which relatives must be notified. With an LPA, donors choose who receives notification, giving them more control over privacy.

Legal basis reflects the timeline of legal reform. EPAs were created under the Enduring Powers of Attorney Act 1985, which was repealed in 2007. LPAs are governed by the Mental Capacity Act 2005, which represents current law and modern thinking about mental capacity and decision-making.

EPAs made up just a tiny fraction of power of attorney registrations in recent years. The vast majority are now LPAs, reflecting how the legal landscape has shifted since 2007.

Is Your Old EPA Still Valid in 2025?

Yes. EPAs signed and witnessed before 1 October 2007 remain legally valid in 2025 and can still be used today. The law changed, but properly executed EPAs weren't automatically invalidated.

Your EPA is still valid if it meets these conditions:

  • It was signed and witnessed before 1 October 2007
  • You had mental capacity when signing it
  • It was properly witnessed according to EPA Act 1985 requirements
  • Your attorney or attorneys are still alive and have capacity themselves
  • It has not been revoked by you or by a court

Patricia's EPA from 2006 remains perfectly valid because it was properly signed, her attorney (her son) is still alive and capable, and she hasn't revoked it. She can continue using it for property and financial decisions. However, she'll need to register it with the Office of the Public Guardian if her dementia progresses to the point where she's losing mental capacity.

Registration status matters for ongoing use. You can use an EPA without registration while you still have mental capacity. Once capacity starts to decline, registration with the Office of the Public Guardian becomes mandatory before the attorney can continue using the EPA.

Common validity issues can make an EPA unusable even if it was properly created. If your only attorney has died or lost capacity, your EPA effectively fails—you can't use it anymore. If the document is damaged or lost, you may need to use a certified copy, though this can create practical difficulties. If you married or divorced your attorney after creating the EPA, the appointment may have terminated depending on how the EPA was worded.

Robert thought his EPA from 2002 was still valid. When he reviewed it in 2024, he discovered his appointed attorney (his brother) had died in 2019. Because Robert had named only one attorney with no replacement, his EPA became useless. He had to create new LPAs instead—a Property and Financial Affairs LPA naming his daughter, plus a Health and Welfare LPA naming his son.

How to check validity if you're uncertain: Contact the Office of the Public Guardian or consult a solicitor specializing in mental capacity law. They can review your specific EPA and confirm whether it remains valid and fit for purpose.

Your EPA hasn't expired simply because the law changed in 2007. Properly executed EPAs continue to work for property and financial decisions—but they won't cover health and welfare matters, and they may lack the modern protections that LPAs offer.

When You Must Register an EPA

You must register your EPA with the Office of the Public Guardian as soon as you start to lose mental capacity. This is a legal requirement—attorneys cannot continue using an unregistered EPA once capacity is lost.

Registration trigger occurs when the donor (the person who made the EPA) starts to lose the ability to make decisions due to mental impairment. This might be caused by dementia, stroke, brain injury, or other conditions affecting mental capacity. The Mental Capacity Act 2005 defines capacity as the ability to understand, retain, weigh, and communicate a decision.

Mental capacity is decision-specific and time-specific. It's assessed by medical professionals, not self-determined. If you're concerned about capacity, consult your GP or a solicitor experienced in mental capacity assessments.

Registration process follows specific steps set out in government guidance:

  1. Notify the donor (if possible) that you intend to register the EPA
  2. Notify specified relatives using form EP1PG
  3. Wait 35 days for objections
  4. Complete form EP2PG and submit to the Office of the Public Guardian with the original EPA
  5. Pay the £92 registration fee
  6. Wait 8-10 weeks for registration completion

When Robert's wife noticed he was forgetting important financial decisions and struggling to manage his pension, she knew she needed to register his EPA from 2004. She notified his two adult children and his sister using form EP1PG, then waited the required 35 days for objections. None came. She sent form EP2PG with the original EPA and £92 fee to the Office of the Public Guardian. Ten weeks later, the registered EPA arrived, and she could legally manage his pension and pay his care home fees.

Timeline typically runs 8-10 weeks from application to registration completion. This includes the 35-day waiting period for objections plus processing time at the Office of the Public Guardian. Plan ahead if capacity decline is anticipated—you don't want to face urgent financial needs while waiting for registration.

Using an EPA before registration is allowed while the donor still has mental capacity. You can start helping with property and financial decisions immediately without registering. However, once capacity is lost, financial institutions will refuse to accept an unregistered EPA. Registration becomes mandatory at that point.

Objections can be raised by relatives during the 35-day notification period. Valid grounds include fraud, undue pressure on the donor, attorney unsuitability, or the donor having regained capacity. If an objection is raised, the Court of Protection may get involved, potentially delaying or blocking registration.

Attorneys have a legal duty to register when capacity starts declining. Delaying too long can cause problems—the donor may need access to funds or property sales that can't proceed without a registered EPA. However, premature registration when capacity hasn't actually declined may not be appropriate. Seek professional guidance on timing if you're uncertain.

Should You Replace Your EPA with an LPA?

Whether to replace your EPA with an LPA depends on your specific circumstances, current needs, and future protection goals. You don't necessarily need to replace your EPA if it still meets your needs—but many people choose to update for broader coverage and modern safeguards.

Reasons to replace your EPA with an LPA:

Add health and welfare decision-making authority. EPAs don't cover medical treatment, care decisions, or living arrangements. If you want someone to make healthcare choices on your behalf, you need a Health and Welfare LPA. This is often the most compelling reason to update.

Appoint replacement attorneys. EPAs don't allow replacement attorneys. If your chosen attorney dies, becomes incapacitated, or is no longer suitable, your EPA fails. LPAs let you name replacement attorneys who step in if your first choice can't act, providing continuity of protection.

Update attorney choices. Perhaps your EPA named someone who has since moved abroad, developed health problems, or with whom your relationship has changed. Creating new LPAs lets you choose attorneys who are currently best positioned to help you.

Modernize with stronger safeguards. LPAs require a certificate provider to confirm you understand what you're doing and aren't being coerced. Registration happens before use, adding scrutiny from the Office of the Public Guardian. These safeguards reduce the risk of financial abuse or coercion.

Choose who gets notified on registration. EPA registration requires notifying specific relatives by law, even if you're estranged from them. LPAs let you choose who receives notification, giving you more control over privacy.

Refresh a 15-20 year old document. If your EPA dates from the early 2000s, your circumstances may have changed dramatically—different assets, different family situation, different priorities. A fresh LPA reflects your current wishes rather than decisions made two decades ago.

Reasons to keep your EPA:

Your EPA still meets your needs if you're only concerned about financial decisions and comfortable with the limited scope. If your attorney is still suitable, willing, and capable, and the document accurately reflects your current wishes, keeping it is a valid choice.

Avoiding registration costs is a practical consideration. Replacing an EPA with both types of LPA costs £184 (£92 per LPA). If money is tight and your EPA works adequately, keeping it makes financial sense.

Simplicity matters too. If your EPA is working fine, has been registered if needed, and everyone understands the arrangements, why create complexity by replacing it?

Common middle ground: Many people keep their EPA for finances and add a Health and Welfare LPA to cover medical decisions. This approach fills the coverage gap without replacing a working financial arrangement.

Linda's EPA from 2003 named her brother as attorney for property and financial affairs. When he died in 2020, her EPA became useless—it had no replacement attorney provision. She created a new Property and Financial Affairs LPA naming her daughter, plus a Health and Welfare LPA naming her son. Total cost: £184 for both registrations. Now she has comprehensive protection with replacement attorneys named for both.

When replacement is urgent:

If your attorney has died or become incapacitated, immediate replacement is essential. Your EPA can't function without a valid attorney.

If your document is lost or damaged and you can't locate the original, creating new LPAs may be simpler than trying to work with certified copies.

If your circumstances have drastically changed—remarriage, estrangement from appointed attorney, significant wealth increase, business ownership—fresh LPAs ensure your legal protection matches your current reality.

Decision checklist:

  • Is your EPA attorney still alive, capable, and willing?
  • Do you need someone to make health and care decisions for you?
  • Has your financial situation become more complex since making the EPA?
  • Do you want the option to appoint replacement attorneys?
  • Is your EPA more than 15 years old and possibly out of date?

If you answered "no" to the first question or "yes" to any of the others, replacing your EPA with LPAs deserves serious consideration. The decision is yours—weigh the costs against the benefits of comprehensive, modern protection.

How to Replace an EPA with an LPA

Replacing an EPA with an LPA involves five key steps. The process takes approximately three months from start to finish, and timing is critical to avoid gaps in legal protection.

Step 1: Confirm you have mental capacity. You must have mental capacity to revoke an EPA and create new LPAs. If capacity is already declining, you may not be able to make these changes. Act while you're still able to make informed decisions about your legal protection.

Step 2: Create your new LPA or LPAs. Decide whether you need a Property and Financial Affairs LPA, a Health and Welfare LPA, or both. Most people replacing an old EPA create both types for comprehensive protection. You can use the government's online LPA service or work with a solicitor if your situation is complex.

Choose your attorneys carefully. Consider who is best positioned to handle financial decisions versus healthcare choices—they don't have to be the same people. Appoint replacement attorneys in case your first choice can't act. Decide whether attorneys should act jointly (all must agree), jointly and severally (any can act alone), or in a combination.

Step 3: Register your new LPAs. Submit your completed LPAs to the Office of the Public Guardian with the £92 registration fee per LPA. Processing takes 8-10 weeks. Your LPAs cannot be used until registration is complete, so plan ahead.

Fee reductions are available if you receive certain means-tested benefits or have an income below £12,000 per year. Complete form LPA120 to apply for a fee exemption or 50% remission.

Step 4: Revoke your old EPA. This is the most critical timing point—don't revoke your EPA until your new LPAs are registered and active. Send formal revocation notices to your EPA attorney and to the Office of the Public Guardian if the EPA was registered. This ensures continuous protection without gaps.

Step 5: Notify relevant parties. Inform banks, financial institutions, and healthcare providers about your new LPAs. Remove the old EPA from their records and register the new LPAs instead. This prevents confusion about which document is currently valid.

Thomas wanted to replace his 2005 EPA with modern LPAs. He created both types of LPA using the government's online service, carefully choosing his daughter for financial affairs and his son for health and welfare decisions. He paid £184 (£92 per LPA) and waited ten weeks for registration. Only after receiving the registered LPAs did he send formal revocation letters to his old EPA attorney and the Office of the Public Guardian. He notified his bank, building society, and pension provider about the change. His legal protection never lapsed—the old EPA remained valid until the new LPAs were active.

Professional help is worth considering if your situation involves complex finances, business interests, or capacity concerns. Solicitors specializing in mental capacity law can guide you through the process and ensure everything is done correctly. While you'll pay professional fees on top of the £92 registration costs, you'll have confidence the documents are properly executed.

Common mistakes to avoid:

Never revoke your EPA before your LPAs are registered. This creates a gap in protection where no one has legal authority to help you if something happens during the waiting period.

Don't assume your EPA is automatically cancelled when you create an LPA. Both documents can technically exist simultaneously unless you formally revoke the EPA. This causes confusion—banks won't know which document to accept.

Don't forget to notify banks and institutions of the change. Simply creating new LPAs doesn't update their records. You must actively inform them and provide copies of the new registered LPAs.

Don't rush the process if capacity is already declining. Creating and revoking legal documents requires mental capacity. If you're struggling with decisions, seek professional help immediately—you may be running out of time to make these changes.

The replacement process takes patience and careful timing, but it ensures your legal protection reflects current law and your current wishes. Three months of administrative work provides decades of comprehensive protection.

EPA vs LPA Registration Costs and Timeline

Registration fees for EPAs and LPAs are identical, but the timeline and structure differ. Understanding costs and processing times helps you plan financially and avoid gaps in legal protection.

EPA registration costs:

The standard fee for registering an EPA with the Office of the Public Guardian is £92 as of November 2025, increased from £82. This fee applies whether you're registering for the first time or making a repeat application.

A repeat application costs £46—half the standard fee. This applies if you previously tried to register and the application was rejected or returned.

Fee exemption is available if the donor receives means-tested benefits such as Universal Credit, Income Support, or Pension Guarantee Credit. If exempt, you pay nothing.

Fee remission at 50% reduces the cost to £46 if the donor's annual income is below £12,000. This helps people on low incomes access legal protection without the full financial burden.

LPA registration costs:

The standard fee is £92 per LPA. If you create both types—Property and Financial Affairs plus Health and Welfare—you'll pay £92 for each, totalling £184. The fees increased from £82 to £92 per LPA on 17 November 2025.

The same exemptions and remissions apply to LPAs as to EPAs. Complete form LPA120 to apply for help with fees if you qualify based on benefits or income.

Eileen qualified for 50% fee remission because her pension was only £10,500 per year. Instead of paying £184 for two LPAs (Property and Financial Affairs plus Health and Welfare), she paid £92 total—£46 per LPA. This made comprehensive legal protection affordable on her limited income.

Timeline comparison:

EPA registration typically takes 8-10 weeks after the 35-day notification period. This means approximately 13-15 weeks total from starting the process to having a registered EPA you can use.

LPA registration has improved significantly in recent years. Processing times dropped from 80 working days in April 2023 to 62 working days by March 2024—roughly 8-10 weeks. The Office of the Public Guardian cleared a significant backlog in November 2024, and current processing times remain around 8-10 weeks.

How to pay:

You can pay online (fastest option), by phone, or by cheque sent with your application. Online payment speeds up processing slightly as there's no delay waiting for cheques to clear.

Fee reduction application:

Complete form LPA120 if you need a fee exemption or 50% remission. You'll need to provide evidence of benefits or income. The form is available from the Office of the Public Guardian website.

Here's a breakdown of registration costs:

Registration Type Standard Fee With Exemption With 50% Remission
EPA registration £92 £0 £46
Single LPA £92 £0 £46
Both LPAs (Property + Health) £184 £0 £92

The costs are identical for EPAs and LPAs. The difference lies in what you get for your money. An EPA covers only property and financial affairs. Two LPAs—at £184 total—cover both property and financial affairs and health and welfare decisions, providing comprehensive protection that EPAs never offered.

If money is tight, applying for fee reductions based on benefits or low income can make legal protection accessible. Don't let cost prevent you from ensuring someone can make decisions on your behalf if you lose capacity.

Common Questions About EPAs and LPAs

Q: What is the main difference between an LPA and EPA in the UK?

A: The main difference is scope and registration requirements. An EPA (Enduring Power of Attorney) only covers property and financial decisions and can be used before registration if you still have capacity. An LPA (Lasting Power of Attorney) comes in two types—one for property and financial affairs, and one for health and welfare decisions—and must be registered before use, regardless of your mental capacity.

Q: Can I still use my old EPA or do I need to replace it with an LPA?

A: If your EPA was properly signed and witnessed before 1 October 2007, it remains legally valid and you can continue to use it. However, it must be registered with the Office of the Public Guardian once you start to lose mental capacity. Many people choose to replace their EPA with an LPA for better protection, more flexibility, and health and welfare coverage.

Q: What happens to my EPA if I lose mental capacity?

A: If you lose mental capacity, your attorney must register your EPA with the Office of the Public Guardian before they can continue using it. Registration costs £92 and takes 8-10 weeks. The attorney must notify you and your relatives before applying for registration, and relatives have 35 days to object.

Q: Can I make an EPA in 2025?

A: No. Since 1 October 2007, it has been impossible to create new Enduring Powers of Attorney. They were replaced by Lasting Powers of Attorney under the Mental Capacity Act 2005. If you need to appoint someone to make decisions on your behalf, you must now create an LPA instead.

Q: Does an EPA cover health and welfare decisions?

A: No. EPAs only cover property and financial decisions such as managing bank accounts, paying bills, and selling property. They do not cover health and welfare decisions. If you want someone to make healthcare decisions on your behalf, you need to create a separate Health and Welfare LPA.

Q: How much does it cost to register an EPA or LPA in the UK?

A: It costs £92 to register either an EPA or an LPA with the Office of the Public Guardian as of November 2025. If you create both types of LPA (Property and Financial Affairs plus Health and Welfare), you'll pay £92 for each, totalling £184. Fee reductions are available if the donor receives certain means-tested benefits or has an income below £12,000 per year.

Q: What are the advantages of replacing my EPA with an LPA?

A: LPAs offer several advantages over EPAs: they cover both financial and health and welfare decisions, allow you to appoint replacement attorneys, include stronger safeguards against abuse (certificate provider requirement), let you choose who is notified upon registration, and provide more flexibility in how attorneys work together (jointly, jointly and severally, or in combination).

Conclusion

Key takeaways:

  • EPAs remain valid: If your EPA was signed before 1 October 2007, it's still legally valid and can be used for property and financial decisions—but it must be registered once you start losing capacity.
  • LPAs offer broader protection: Unlike EPAs, LPAs cover both financial matters and health and welfare decisions, giving you comprehensive protection for all areas of your life.
  • Consider updating if circumstances changed: If your attorney has died or become unsuitable, if you need health decision coverage, or if your EPA is 15-20 years old, replacing it with an LPA provides modern safeguards and flexibility.
  • Registration is mandatory for LPAs: While EPAs could be used before registration, all LPAs must be registered before use—plan ahead and register while you still have full capacity.
  • You can keep your EPA and add a Health LPA: If your EPA still serves you well for finances, you don't have to replace it—many people simply add a Health and Welfare LPA to fill the coverage gap.

The legal landscape changed in 2007, but your old EPA hasn't become obsolete—it's simply more limited than modern alternatives. Understanding the differences between EPAs and LPAs empowers you to decide whether your current protection is adequate or whether updating to an LPA gives you and your family better peace of mind.

Whether you keep your EPA, replace it, or complement it with a Health and Welfare LPA, the important thing is ensuring your wishes are protected when you need them most. Act while you still have capacity to make these decisions—once capacity is lost, it's too late to create or revoke legal documents.

Need Help with Your Will?

Understanding the differences between EPAs and LPAs is an important part of comprehensive estate planning. Just as powers of attorney protect your interests during incapacity, a properly drafted will ensures your estate is distributed according to your wishes after death.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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