Enduring Power of Attorney (EPA) – Frequently Asked Questions
What is an Enduring Power of Attorney (EPA)?
An Enduring Power of Attorney (EPA) is an older type of power of attorney that was made before October 2007. It only covers property and financial affairs.
Can I still make an Enduring Power of Attorney?
No. EPAs were replaced by Lasting Powers of Attorney (LPAs) in October 2007.
If you want to put powers in place now, you must use an LPA.
Contact Property & Financial Affairs FAQs Health & Welfare FAQs No LPA: Court of Protection
Is an existing EPA still valid?
Yes — if it was properly made and signed before October 2007, it can still be valid. However, it must be used correctly and registered at the right time.
What decisions does an EPA cover?
An EPA only covers financial matters, such as:
- Managing bank accounts
- Paying bills
- Dealing with pensions and benefits
- Buying or selling property
Does an EPA cover health and welfare decisions?
No. EPAs never included health or welfare powers.
Even with a valid EPA, decisions about care or medical treatment cannot be made by the attorney.
When does an EPA need to be registered?
An EPA must be registered once the donor:
- Is becoming mentally incapable, or
- Has already lost mental capacity
Until registration, attorneys generally have no authority, depending on the wording of the Enduring Power of Attorney. Legal planning has developed substantially since 2007, and advice will often be different and with more guidance for attorneys these days.
What happens if an EPA is not registered when it should be?
Using an EPA without registering it when required can cause:
- Banks to refuse transactions
- Legal challenges
- Delays and complications
- Intervention by authorities
Registration is a legal requirement once capacity is in question.
Can I change or update an existing EPA?
No. An EPA cannot be amended.
If your circumstances, wishes, or choice of attorneys have changed, the only solution is to make a new Property & Financial Affairs LPA (while you still have capacity).
Can I replace an EPA with a Lasting Power of Attorney?
Yes — and this is often advisable.
An LPA gives more flexibility, clearer safeguards, and is better understood by banks and institutions.
What if my EPA no longer reflects my wishes?
This is common.
If an EPA is outdated, poorly drafted, or causing problems, a modern LPA is usually the safest way forward — provided you still have mental capacity. Often, the attorneys appointed are no longer appropriate.
What happens if I only have an EPA and later need care decisions made?
Without a Health & Welfare LPA:
- Family members cannot make care or medical decisions
- Someone will need to apply to the Court of Protection, often for every single decision.
- Rarely, the Court will appoint family members to make decisions. They are then Deputies – see under Court of Protection.
This often comes as a nasty surprise.
Should I keep my EPA if it’s still valid?
That depends on:
- Whether it still reflects your wishes
- Whether the attorneys are still appropriate
Many people choose to replace reliance on an EPA with modern LPAs for clarity and peace of mind. You still need a Health and Welfare Lasting Power of Attorney unless you are happy to pay Court and legal fees.
Do banks and institutions still accept EPAs?
Some do, some don’t — and many apply extra checks.
In practice, EPAs often lead to delays, confusion, or requests for additional documents.
What happens if an EPA can’t be used and no LPA exists?
If no valid authority is in place, your family will have to apply to the Court of Protection to manage your affairs — a slower, more expensive, and more restrictive process.