Lasting Power of Attorney vs Enduring Power of Attorney: What Is the Difference?

Both documents let you choose someone you trust (your “attorney”) to make decisions for you if you cannot make them yourself. The difference is mainly one of age and scope:

• An enduring power of attorney (EPA) is the older type. No new EPAs could be made from 1 October 2007, but an EPA properly signed before that date can still be used. An EPA covers property and financial affairs only.
• A lasting power of attorney (LPA) replaced the EPA from 1 October 2007, under the Mental Capacity Act 2005. There are two types: one for property and financial affairs and one for health and welfare. An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used.

So if you are making a power of attorney today, it will be an LPA. If a parent or relative signed an EPA years ago, it may still be perfectly valid, and the rest of this guide explains how it works.

EPAs were introduced in the 1980s. Their key feature was that, unlike an ordinary power of attorney, they “endure”: they carry on working after the person who made them (the “donor”) loses mental capacity.

Points to know about an EPA:

• Money and property only. An EPA lets the attorney deal with things like bank accounts, bills, investments and property. It does not give any authority over health or care decisions.
• Usable before registration. While the donor still has capacity, an EPA can usually be used without being registered, unless the document itself says otherwise. Many people used them to let a family member help with banking.
• Still valid today. An EPA signed before 1 October 2007 remains legally effective, provided it was correctly made and has not been cancelled.

If you find an EPA among a relative’s papers, do not assume it is out of date. It may be exactly what your family needs, and it can save the time and cost of an application to the Court of Protection.

An EPA has an important built in safeguard. Once the attorney has reason to believe that the donor is losing, or has lost, mental capacity, the attorney must apply to register the EPA with the Office of the Public Guardian.

Before applying, the attorney must formally notify the donor and certain close relatives, following an order of priority set out in the law. This gives people the chance to raise an objection, for example if they have concerns about the attorney. A registration fee is payable to the OPG, with reductions or exemptions available in some circumstances.

Once the application has been made, the attorney’s powers are limited until registration is complete, so it is sensible not to wait until a crisis. When the EPA is registered, the attorney can use it to manage the donor’s finances, and banks and other organisations will usually ask to see the registered document or a certified copy.

The notice and registration requirements are strict, and mistakes can cause delays at a difficult time. We regularly help families register EPAs and can deal with the paperwork for you.

Since 1 October 2007, the LPA has been the only way to appoint an attorney for the future in England and Wales. There are two separate types, and many people make both:

• Property and financial affairs LPA: covers money and property, such as managing bank accounts, paying bills, collecting pensions and benefits, and selling your home if needed. Once registered, it can be used while you still have capacity, if you allow this, which can be helpful if you simply want support.
• Health and welfare LPA: covers decisions such as your daily routine, your medical care, moving into a care home and, if you choose to give this power, decisions about life sustaining treatment. It can only be used when you are unable to make the decision yourself.

You can appoint one or more attorneys, decide whether they must act together or can act separately, name replacement attorneys, and include preferences and instructions about how decisions should be made. Your attorneys must always act in your best interests and follow the principles of the Mental Capacity Act 2005.

LPAs come with stronger built in protections than EPAs.

• A certificate provider. Every LPA needs a certificate provider, an independent person who confirms that you understand the LPA and are not being pressured into making it. This must be someone who has known you well for at least two years, or a person with relevant professional skills, such as your solicitor or doctor. Certain people, including family members and your attorneys, cannot act.
• Registration before use. An LPA cannot be used at all until it has been registered by the Office of the Public Guardian. Registration takes time, so it makes sense to register as soon as the LPA is signed rather than waiting until it is needed.
• A chance to object. You can name people to be told when the LPA is registered, and there is a waiting period during which concerns can be raised.
• Supervision. The OPG can investigate if there are concerns about how an attorney is acting.

Our power of attorney page explains how we prepare and register LPAs, and explains who can act as a certificate provider.

The system for making and registering LPAs is being modernised. The Powers of Attorney Act 2023 paved the way for a more digital process, and the Office of the Public Guardian has been introducing online services for making and registering LPAs, along with stronger identity checks designed to reduce the risk of fraud and errors.

The detail of how the new service works, and when particular changes take effect, has been developing over time. Paper LPAs that have already been validly made and registered remain valid. If you are thinking of making an LPA, we will make sure it is completed and registered using the right process at the time, and we keep up with the latest OPG requirements so you do not have to.

Usually, yes, as long as it was correctly signed before 1 October 2007 and has not been cancelled. There is no need to re register an unregistered EPA while the donor still has capacity, and no need to replace it simply because the law has changed. What matters is that the attorney registers it when the donor starts to lose capacity.

It is worth checking that the attorneys named are still willing and able to act. If an attorney has died, lost capacity or is no longer suitable, the EPA may not work as intended, and making a new LPA, while the donor still can, may be the better option.

Not necessarily, but it is often worth considering if the donor still has capacity. Reasons to think about making a new LPA include:

• An EPA cannot cover health and welfare decisions. A health and welfare LPA is the only way to choose who makes care and medical decisions for you.
• You may want to change your attorneys, add replacements or give clearer instructions.
• An LPA comes with stronger safeguards, including the certificate provider.

If you make a new property and financial affairs LPA, the old EPA should normally be formally cancelled so there is no confusion about which document applies. If the donor has already lost capacity, a new LPA cannot be made, and the existing EPA becomes even more valuable.

If someone loses capacity without a valid EPA or LPA, nobody has automatic authority to manage their affairs, not even a husband, wife or adult child. Banks may freeze accounts in their sole name, and selling their home may not be possible.

The family will usually need to apply to the Court of Protection for a deputy to be appointed. That process is slower and more expensive than an LPA, involves ongoing supervision and annual reporting, and the person concerned has no say in who is chosen. Making an LPA while you can is a simple way to protect yourself and spare your family that burden.

Whether you want to make new LPAs, register a parent’s EPA, or check whether an old document still works, our Wills & Probate team can help. Partner Andrew Horwich and Associate Solicitor Thomas Jordan advise families across Scunthorpe, Goole and the surrounding area, and will explain your options in plain English, without jargon.

Many people put LPAs in place at the same time as making or updating a will, as part of wider wills and estate planning. Speak to us at our Scunthorpe or Goole office, by phone or by video.