Enduring Powers of Attorney

Is my EPA Still Valid?

Enduring Powers of Attorney (EPAs) appoint people (known as Attorneys) to manage your property and financial affairs on your behalf. The document can be used by your Attorneys at any time, but it must be registered with the government department responsible for overseeing powers of attorney – the Office of the Public Guardian – if you were to lose mental capacity in the future.

On 1^st October 2007, EPAs were replaced by Lasting Powers of Attorney (LPAs). Whilst LPAs are broadly similar to EPAs, there are differences in the process of creating and registering them. LPAs can also be more flexible than EPAs in terms of how your Attorneys are appointed, and how they are allowed to act. Whilst EPAs only cover property and financial affairs, there are two separate types of LPA; one relating to property and financial affairs, and one relating to health and welfare.

Provided that your EPA was made before 1^st October 2007, and was prepared and completed properly, it is still perfectly valid. However, you may want to take advice about replacing your EPA with LPAs, as the increased flexibility that they offer might be more suitable for your circumstances.

If you have any questions relating to this article, please contact Stuart Duckett or a member of our Wills, Trusts and Probate team on 01244 312166 or email [email protected]