LPA and EPA:

What is the Difference?

Ensure your peace of mind with the right level of protection

By granting a trusted relative or friend Power of Attorney over your affairs, you add an important layer of protection for when you are still alive, but may not be able to speak or act for yourself.

They will be able to manage your financial and property, and/or health and welfare affairs in future if accident or illness leaves you unable to make decisions for yourself.

But you may be aware there are different types of Power of Attorney – and it’s good to know the difference between an Enduring Power of Attorney (EPA) and a Lasting Power of Attorney (LPA).

What is an Enduring Power of Attorney?

If you drew up your Will before 2007, you may also have put in place an EPA along with it. These existed for many decades to ensure someone could make decisions about your finances and property on your behalf.

However, they were replaced in 2007 by LPAs. If you have an EPA, it remains valid and can still be registered with the Office of the Public Guardian when it is needed – but only for matters of property and finance.

Unlike an LPA, an EPA can be used without registration, provided the person who made it still has their mental capabilities.

It’s important to understand that you can no longer set up a new EPA. Any new Power of Attorney has to be an LPA.  

What is a Lasting Power of Attorney?

The main difference between EPAs and LPAs is that the newer Lasting Powers of Attorney can provide a specific allowance for decisions relating to your health and welfare.

There is also more flexibility with  LPAs. You can choose separate LPAs, one for property and finance and another for your health and welfare.

As a result, LPAs are more versatile and comprehensive, which means you have greater protection if you suffer a decline in your mental capacity or physical health.

Updating an EPA to an LPA

If you decide to replace your EPA with an LPA, bear in mind the following:

• With an LPA in place, you can appoint up to four people who can act separately or together – you decide how they make their decisions.
• You can replace your chosen attorneys. You may need to do this if they die, no longer want the role, lose the mental capacity to do the job – or if they’re your partner and you divorce.
• A Health and Welfare LPA allows your attorney to act on your behalf on matters including medication, life-supporting treatment or moving into a care home.

An LPA or EPA exists so that decisions can be made on your behalf while you are alive. When you die, the LPA ceases to apply because your affairs will be handled by the executors of your Will.

Your Next Step

We recommend that if you have an EPA that was put in place before 2007, you review it and consider updating to an LPA.

One team of expert consultants at Will Power is ideally placed to help you to navigate what can be a complicated subject.

We can discuss your personal circumstances at a no-obligation meeting, and advise you on the right next steps for you.