Should I replace my Enduring Powers of Attorney with Lasting Powers of Attorney?

• Posted onJuly 7, 2025

Sally Jones, a paralegal in our Private Client Department, explains why it may be time to update your Enduring Power of Attorney (EPA) to a Lasting Power of Attorney (LPA). She also outlines the key differences between the two, and what your options are if you currently have an EPA in place.

What is an Enduring Power of Attorney?

Enduring Powers of Attorney (‘EPAs’) were documents that allowed donors to appoint attorneys to make decisions in relation to the donor’s property and financial affairs. Items covered by the EPAs included helping the donor pay bills, being able to speak to banks and other third parties and the DWP (Department for Work and Pensions). EPAs could also provide for attorneys to sell the donors property.

EPAs could be put into practice by attorneys with the donor’s consent, providing the donor has capacity to allow attorneys to act on their behalf.

If the donor does not have capacity, the EPAs need to be registered with the Office of the Public Guardian before attorneys can act under the document.

October 2007 saw EPAs documents brought to an end, and Lasting Powers of Attorney (‘LPAs’) documents were introduced.

All Enduring Powers of Attorney documents signed and executed correctly before October 2007 are still valid now and can be used by correctly appointed attorneys.

What is a Lasting Power of Attorney?

LPAs are split into two separate documents: one allows attorneys to act for property and financial affairs, the other for health and welfare. You can choose to have one or both LPAs. Unlike the EPAs, all LPAs documents must be registered with the Office of the Public Guardian before they can be used by attorneys.

In order to make LPAs, you must have sufficient mental capacity to understand the significance of this document you are signing, and how the document will work for you. An individual known as a certificate provider will need to sign the document to certify that you have sufficient mental capacity to sign the document. A solicitor can act as certificate provider.

What is the difference between Enduring Powers of Attorney and Lasting Powers of Attorney?

As mentioned earlier, any EPAs for property & financial affairs signed and executed before October 2007 are still valid. EPAs do not provide for attorneys to make decisions relating to health & welfare, so if you have an EPA for property & financial affairs you may want to consider completing and signing an LPA for health & welfare, which allows attorneys to make decisions around where you might live, the medical care you receive and assistance with your daily routine such as washing, dressing and eating.

LPAs for health & welfare can also include allowing your attorneys the authority to make decisions regarding life-sustaining treatment, which might include decisions regarding care, surgery and medication that’s needed to keep you alive.

Who can I nominate as my attorneys?

An attorney must be over 18 years old and it is important that you choose people that you trust implicitly as you will be giving attorneys the authority to make decisions on your behalf. Attorneys are required to act in accordance with your best interests.

You can nominate as many attorneys as you wish and also nominate replacement attorneys who can step in to act should any attorney be unable or unwilling to act.

LPAs can also include wording to provide some guidance to your attorneys as to how you wish for them to act on your behalf.

If you currently have an EPA in place and would like to discuss your options for creating a Lasting Power of Attorney, please contact your local WSP branch in Gloucester or Stroud today. Alternatively, you can call us on 01453 847200 or use the enquiry form on the side of this page.