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Enduring Power of Attorney vs Lasting Power of Attorney: What’s the Difference in England?

Enduring Power of Attorney vs Lasting Power of Attorney: What’s the Difference in England?


Planning ahead for life is sensible at any age, and understanding the legal tools available is a key part of that. Two of the main options in England are the enduring power of attorney (EPA) and the lasting power of attorney (LPA). While they may sound similar, there are important differences you need to know.


What Is an Enduring Power of Attorney?

An enduring power of attorney (EPA) was the original legal document used in England for someone (the donor) to appoint one or more trusted people (attorneys) to manage their property and financial affairs if they lost mental capacity.
Key features of an EPA include:

  • It only covers property and financial affairs, not health or welfare decisions.
  • It could be used by the attorney immediately after signing if the donor still had capacity, and then registered once capacity was lost.
  • No new EPAs can be created after 1 October 2007, but existing ones signed before that date remain valid.


What Is a Lasting Power of Attorney?

An LPA offers two distinct types:

  • Property & Financial Affairs LPA – for money, bills, property management.
  • Health & Welfare LPA – for decisions about care, medical treatment and living arrangements. Only available if you lose capacity.
  • Additional benefits of an LPA:
  • Must be registered before it can be used, even if the donor still has capacity.
  • Covers both finance/property and health & welfare, so it’s broader in scope than an EPA.


Enduring or Lasting Power of Attorney in England: Which Should You Consider?

If you already have an EPA created before 2007, it remains valid and you may continue to use it, especially for financial matters.
However, for most people today who are planning ahead:

  • An LPA is more flexible and covers more types of decisions (including health and welfare).
  • An LPA gives you control now by allowing registration ahead of any loss of capacity.
  • If you want to protect your future for both financial and health decisions, an LPA is usually the better choice.


What to Do If You Have an EPA…

  • You can continue using it for financial/property matters if it was validly created.
  • If you want to add health & welfare decision-making, you would need to set up a Health & Welfare LPA (you can keep the EPA in place or replace it with a fresh Property & Financial Affairs LPA).
  • If you no longer want the EPA, there is a process to revoke it using a deed of revocation or through the Court of Protection.

Whether you’re exploring an enduring power of attorney (EPA) or a lasting power of attorney (LPA), the important thing is to get your planning in place while you have full capacity. A well-crafted LPA using a service like Power of Attorney Online gives you and your family clarity, ensures your wishes are respected, and protects you from unnecessary legal hurdles. For modern planning in England, the LPA is the standout choice.

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