LPA vs EPA
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
Enduring Powers of Attorney could no longer be created after 30 September 2007. If one was signed before then it is still valid, but it only covers money — never health.
The differences that matter
| EPA (pre-October 2007) | LPA (current) | |
|---|---|---|
| Covers | Property and finances only | Finances, and separately health and welfare |
| Registration | Only when capacity is lost or being lost | Must be registered before use |
| Certificate provider | Not required | Required |
| Can new ones be made? | No | Yes |
If you hold an EPA
- It remains valid and can still be registered with the OPG if the donor is losing capacity.
- It does nothing for health and welfare decisions, so the donor should make an LP1H while they still can.
- Registering an EPA requires notice to relatives, which is a different process from LPA registration.
Should you replace an EPA with an LPA?
Often yes, provided the donor still has capacity. A modern LPA can be used with the donor's consent before capacity is lost, uses wording banks recognise, and can be paired with a health and welfare LPA. Making a new financial LPA revokes the EPA only if you say so — take care to state your intention clearly, and see changing or cancelling an LPA.
Why EPAs were abolished
The Mental Capacity Act 2005 replaced EPAs because the old system had a serious gap: an EPA could be signed and then left in a drawer for years with no independent check, and there was no health and welfare equivalent at all. LPAs fixed both problems by requiring OPG registration before use and by introducing a certificate provider who confirms the donor understood what they were signing. The trade-off is a longer process and a £92 OPG fee per LPA, but families get a document banks and hospitals recognise without argument.
Worked example
Raymond signed an EPA in 2003 appointing his daughter, Fiona, to deal with his bank accounts. In 2024, aged 84, Raymond is diagnosed with vascular dementia. Fiona can still register that original EPA with the OPG once his capacity starts to decline, and it continues to cover his property and finances. But it says nothing about who decides where he lives or whether he goes into a care home. Because Raymond still has enough capacity to understand a new document, his solicitor helps him make a health and welfare LP1H alongside the EPA, so both sides of his life are covered.
Registering an old EPA
Registering an EPA is not the same process as registering an LPA. The attorney must give written notice to the donor and to at least three of the donor's close relatives (fewer if there are fewer than three), using a prescribed list of relative categories set out in the Mental Capacity Act. Anyone notified has a limited window to object, for example on the grounds of fraud or that the attorney is unsuitable. There is no equivalent notice requirement built into registering a new LPA in the same way, because the LP3 notification step happens earlier, when the LPA itself is made.
Common questions
Can I still make an EPA?
No. Since 1 October 2007 the only option is a Lasting Power of Attorney.
Does an EPA cover care decisions?
No. EPAs are limited to property and financial affairs. A health and welfare LPA is the only way to appoint someone for care and treatment decisions.
Do I need to register an EPA straight away?
No. An EPA can be used unregistered while the donor still has capacity, in the same way an ordinary power of attorney can. Registration only becomes compulsory once the attorney believes the donor is losing, or has lost, capacity.
Does making a new LPA cancel an old EPA automatically?
No. The two documents can exist side by side unless you specifically state in the new LPA that it revokes the EPA. If you want only one document in force, say so clearly and keep a copy of the revocation with both sets of paperwork.
Read next
Where this fits
This page is part of LPA basics. The pages below take it further.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
- Solicitor, GOV.UK or online?
An honest comparison, including when you genuinely should pay a solicitor.
Review and sources
Reviewed by Ramani Gill TEP, Solicitor and private client practitioner. Last reviewed 13 August 2026. We recheck fees, forms and Office of the Public Guardian guidance whenever they change — see our editorial policy.
Official sources
Ready to make your LPA?
Choose one LPA or both, then start online for £49 per LPA.
The Office of the Public Guardian charges a separate £92 to register each LPA.
This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.
Published by Estate Advisory Group