Skip to main content
WUHLD
← Back to glossary

Enduring Power of Attorney (EPA)

Also known as: EPA, Old Power of Attorney

Definition

An Enduring Power of Attorney (EPA) is a legal document created before October 2007 that appointed someone to manage your property and financial affairs, continuing even if you lost mental capacity.

EPAs were replaced by Lasting Powers of Attorney in October 2007, but existing EPAs remain valid and legally binding today.

What Does Enduring Power of Attorney (EPA) Mean?

EPAs were created under the Enduring Powers of Attorney Act 1985 and allowed people to appoint an attorney to manage their property and financial affairs. The defining feature was that the power "endured" beyond any subsequent loss of mental capacity by the donor. When the Mental Capacity Act 2005 came into force on 1 October 2007, EPAs were replaced by Lasting Powers of Attorney. No new EPAs can be created after that date, but EPAs made before October 2007 remain perfectly valid under Schedule 4 of the Mental Capacity Act 2005.

EPAs covered property and financial affairs only—the attorney could manage bank accounts, pay bills, sell property, and handle investments, but had no authority over healthcare decisions. You can use an unregistered EPA while the donor still has capacity. However, once the donor starts losing capacity, the attorney must register the EPA with the Office of the Public Guardian. Registration takes 8-10 weeks and requires notifying the donor and at least three family members, who have 35 days to object. Emma discovered her mother's EPA from 1998 after a dementia diagnosis. She paid the £82 registration fee and waited three months for approval. Once registered, she could access her mother's £45,000 savings, sell her £280,000 house to fund care, and manage her pension.

Modern LPAs offer two types: Property and Financial Affairs (equivalent to an EPA) plus Health and Welfare (covering medical decisions and care placement—authority EPAs never provided). LPAs also require a certificate provider to confirm the donor understands what they're creating and isn't under pressure. There's no need to convert a valid EPA to an LPA unless you want these additional protections. Many people with old EPAs create a separate Health and Welfare LPA to fill the healthcare decision gap while keeping their EPA for financial matters.

Common Questions

"Can I still use an EPA made before 2007?" Yes, EPAs created before 1 October 2007 remain valid and legally binding. You can use an unregistered EPA while the donor has capacity. You must register it with the Office of the Public Guardian once capacity starts declining, which takes 8-10 weeks and costs £82 (rising to £92 from November 2025).

"What's the difference between an EPA and an LPA?" EPAs only cover property and financial decisions, while LPAs offer two types: Property and Financial Affairs, plus Health and Welfare decisions. LPAs require certification of the donor's capacity and protection against undue influence. Since October 2007, only LPAs can be created—no new EPAs are permitted.

"When must I register an EPA?" You must register an EPA with the Office of the Public Guardian once the donor starts losing mental capacity. Before registration, notify the donor and at least three family members who have 35 days to object. An unregistered EPA cannot be used once the donor lacks capacity.

Common Misconceptions

Myth: EPAs are no longer valid because they were replaced by LPAs in 2007

Reality: EPAs created before 1 October 2007 remain perfectly valid and legally binding. The Mental Capacity Act 2005 specifically preserved existing EPAs in Schedule 4. While no new EPAs can be created after October 2007, existing ones can still be registered and used for property and financial affairs. Thousands of families across the UK continue to rely on EPAs made decades ago.

Myth: An EPA covers all decisions including healthcare, just like a power of attorney

Reality: EPAs only cover property and financial affairs—they provide no authority over healthcare, medical treatment, or personal welfare decisions. An attorney acting under an EPA can manage bank accounts, pay bills, and sell property, but cannot consent to medical treatment, decide where the donor lives, or make care decisions. You must create a separate Health and Welfare LPA for health decisions.

  • Lasting Power of Attorney: The modern replacement for EPAs, introduced in October 2007 with two types covering financial and health decisions.
  • Property and Financial Affairs LPA: The direct modern equivalent of an EPA, covering the same financial decisions.
  • Mental Capacity Act 2005: The governing legislation that replaced EPAs with LPAs while preserving existing EPAs.
  • Attorney: The person appointed under an EPA to manage the donor's property and financial affairs.

Need Help with Your Will?

Understanding EPAs often highlights the importance of comprehensive estate planning that protects your wishes. While an EPA or LPA handles decisions during your lifetime, your will ensures your assets pass to the right people after death.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete, legally binding will plus three expert guides. Preview your will free before paying anything—no credit card required.

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.