LPA vs EPA

Guidance from Estate Advisory Group

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)
CoversProperty and finances onlyFinances, and separately health and welfare
RegistrationOnly when capacity is lost or being lostMust be registered before use
Certificate providerNot requiredRequired
Can new ones be made?NoYes

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.

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.

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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