I have Enduring Power of Attorney do I need Lasting Power of Attorney?

Enduring Power of Attorney (EPA) was replaced by Lasting Power of Attorney (LPA) in 2007. However, EPAs made before this time are valid if they have not been revoked. An EPA allows a person (donor) to appoint one or more people as an attorney for them to make financial decisions and/or take actions. An EPA can be used by an attorney with the permission of a donor who has mental capacity. If a donor loses mental capacity then the EPA must be registered with the Office of Public Guardian (OPG) in order for an attorney to use it.

The registration process for an EPA can take several months and so there can in some circumstances be a delay when it is initially needed most. The LPA has an advantage here as it can be registered at the outset so that it can then be ready to be used immediately by an attorney if a donor subsequently loses mental capacity. 

Another benefit is that an LPA can be made to cover health and welfare decisions and actions. This option was not available under the EPA scheme. A person deciding to replace an EPA with a finance LPA can also take the opportunity to appoint a person or persons to make health and welfare decisions for them if at some point in the future they become unable to make those decisions themselves.

The contents of this article do not constitute legal advice and are provided for general information purposes only.