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

• Posted onMarch 3, 2026

If you have an Enduring Power of Attorney (EPA) that was signed and executed before October 2007, it is still legally valid. However, many people now choose to make Lasting Powers of Attorney (LPAs) because they provide wider protection and additional decision‑making options. Understanding the differences can help you decide whether updating your arrangements is right for you. (Originally published July 2025, updated March 2026).

What Is an Enduring Power of Attorney?

An Enduring Power of Attorney (EPA) allows a person (the donor) to appoint one or more attorneys to make decisions about property and financial affairs.

EPAs typically cover matters such as:

• Paying bills
• Dealing with banks and other third parties
• Communicating with the Department for Work and Pensions (DWP)
• Selling the donor’s property

While the donor has mental capacity, attorneys can only act with the donor’s consent.

If the donor loses capacity, the EPA must be registered with the Office of the Public Guardian before the attorneys can continue to act.

Are Enduring Powers of Attorney Still Valid?

EPAs were brought to an end in October 2007, when Lasting Powers of Attorney were introduced.

However:

• Any EPA that was signed and executed correctly before October 2007 remains valid
• These EPAs can still be used today by properly appointed attorneys

What Is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is the modern alternative to an EPA and is divided into two separate documents:

1. Property and Financial Affairs LPA
2. Health and Welfare LPA

You can choose to have one or both types of LPA.

Registration Requirements for LPAs

Unlike EPAs:

• All LPAs must be registered with the Office of the Public Guardian before they can be used

To make an LPA, you must have sufficient mental capacity to understand:

• The significance of the document
• How it will operate

A certificate provider must sign the document to confirm that you have capacity and understand what you are signing. A solicitor can act as the certificate provider.

Key Differences Between EPAs and LPAs

While EPAs remain valid if properly made before October 2007, there are important differences to consider.

Scope of Decision‑Making

• EPAs only cover property and financial affairs
• EPAs do not allow attorneys to make decisions about health and welfare

If you currently rely on an EPA for financial matters, you may wish to consider a Health and Welfare LPA, which allows attorneys to make decisions about:

• Where you live
• The medical care you receive
• Assistance with daily routines such as washing, dressing and eating

Do You Need to Replace Your Enduring Power of Attorney?

There is no requirement to replace a valid EPA that was signed before October 2007.

However, some people choose to put LPAs in place to:

• Broaden the scope of decision‑making
• Ensure health and welfare decisions are covered
• Modernise their arrangements

The decision will depend on your personal circumstances and future planning needs.

Getting Advice on Powers of Attorney

Powers of Attorney are important legal documents with long‑term implications. WSP Solicitors’ Private Client Department can advise on whether your existing EPA remains suitable or whether making one or more LPAs would better protect your interests in the future.

For expert advice on wills, power of attorney and probate, you can contact WSP Solicitors’ local offices, servicing the whole of Gloucestershire, including; Gloucester, Stroud, Cheltenham, Tewkesbury or the Forest of Dean, or use the enquiry form on this page to request a callback.