Enduring Power of Attorney (EPA)

We offer expert legal advice on the registration, use and review of existing Enduring Power of Attorney’s, ensuring they are fit for purpose and properly managed when a loved one loses mental capacity.

If you have been appointed as an attorney under an EPA or are unsure whether an existing document is still legally effective, we are here to help.

What Is an Enduring Power of Attorney?

An Enduring Power of Attorney is a legal document that was used to appoint one or more attorneys to manage a person’s property and financial affairs. It differs from a Lasting Power of Attorney in several key respects:

• EPAs cover only property and financial matters; they do not extend to health and welfare decisions.
• EPAs created before 1 October 2007 remain valid but cannot be altered or reissued.
• They must be registered with the Office of the Public Guardian (OPG) once the donor loses or begins to lose mental capacity.

It is a common misconception that an EPA gives attorneys immediate powers at all times. In fact, once the donor starts to lose capacity, the attorney must register the document before continuing to act.

Our EPA services

Our experienced solicitors provide practical, clear advice on how to use, register, or replace an existing Enduring Power of Attorney. We understand the importance of handling these matters sensitively and efficiently – especially when a loved one’s capacity is changing.

EPA registration

If the donor has lost or is beginning to lose mental capacity, the EPA must be registered with the OPG before any further use. This is a critical legal requirement.

We will guide you through:

• Completing and submitting the required forms
• Serving notice on the donor and at least three family members
• Responding to any concerns or objections
• Liaising with the Office of the Public Guardian throughout

We ensure the registration is done correctly and with minimum delay, allowing attorneys to act lawfully and with confidence.

Reviewing existing EPAs

It is important to check that an existing EPA still meets the donor’s needs. Many were created decades ago and may no longer reflect current circumstances or relationships.

We can assist you with:

• Review the EPA to confirm it is valid and enforceable
• Identify any practical or legal issues, such as missing clauses or outdated attorney appointments
• Advise on whether replacing the EPA with a Lasting Power of Attorney would be more suitable
• Help prepare an LPA if appropriate

Many families find that a modern LPA provides greater flexibility and clarity, especially in cases involving complex financial arrangements or long-term planning.

Advice for attorneys

Being an attorney carries legal responsibilities. If you are appointed under an EPA, you must always act in the donor’s best interests, keep accurate records, and stay within the powers granted.

We support attorneys by:

• Explaining their duties under the Mental Capacity Act 2005
• Advising on decisions involving property, investments, or large transactions
• Helping resolve disputes or concerns about attorney conduct
• Liaising with financial institutions or third parties on your behalf

Our team is here to provide peace of mind, whether you are acting alone or with other attorneys.

When should an EPA be replaced?

Although EPAs are still legally valid, there are situations where replacing them with an LPA is advisable:

• When you want to appoint different attorneys or include replacements
• If you require coverage for health and welfare decisions, which an EPA cannot provide
• To make use of modern safeguards and clearer guidance under the Mental Capacity Act
• When banks or financial institutions are hesitant to accept older EPA documents

We can handle the entire process for you, from reviewing the existing EPA to drafting and registering a new LPA.

Our team has deep experience in handling both historic EPAs and modern LPAs and we explain your options in plain English, with no unnecessary jargon. We understand these matters often arise during stressful periods. We’re here to support you with empathy and efficiency.

If you need help registering or reviewing an Enduring Power of Attorney, or wish to explore your options for updating it, contact our team today.