 | An excerpt from Lawpack's Power of Attorney Kit . |
On 1 October 2007 Enduring Powers of Attorney (EPAs) were replaced with Lasting Powers of Attorney (LPAs) in England and Wales.
Although you cannot make any changes to an existing Enduring Power of Attorney or make a new one, you can still register an Enduring Power of Attorney should you become mentally incapable.
What is the difference between an EPA and an LPA?
Unlike a Lasting Power of Attorney, an Enduring Power of Attorney becomes effective as soon as it's created and you don't need to register an Enduring Power of Attorney to use it. But an Enduring Power of Attorney must be registered if the person who has granted the Power of Attorney (called the 'Donor') loses, or is losing, capacity to deal with their property and affairs.
It's also not possible to delegate decisions relating to a person's personal welfare using an Enduring Power of Attorney. An existing Enduring Power of Attorney can only relate to a person's property and affairs.
How do I register an EPA?
The person you have given the power to look after your affairs (called the 'Attorney') will need to register your existing Enduring Power of Attorney with the Office of the Public Guardian if they believe that you are, or are becoming, mentally incapable. It's down to the Attorney's judgement as to when this happens. The Attorney may need to take medical advice about whether you are mentally incapable, but your Attorney doesn't need to provide proof of your incapacity to register the Enduring Power of Attorney.
However, before applying to register the Enduring Power of Attorney, the Attorney (or Attorneys if you have appointed more than one) must give notice of the proposed registration to you and certain close relatives of yours. To do this, the Attorney must complete the Form EP1PG 'Notice of intention to apply for registration of an Enduring Power of Attorney' (which is available in Lawpack's Power of Attorney Kit ).
The Attorney must give notice to you in person by actually handing Form EP1PG to you, even if, at this stage, you don't realise what is happening.
The Attorney will need to complete Form EP2PG for registering an Enduring Power of Attorney. This is also available in our Power of Attorney Kit , along with guidance on the notification and registration process.
How do I revoke (cancel) an existing EPA?
You may want to replace your unregistered Enduring Power of Attorney with a Lasting Power of Attorney Property and Affairs (LPA PA). You can revoke an unregistered Enduring Power of Attorney at any time while you have the mental capacity to do so, but if the Enduring Power of Attorney has already been registered, it cannot be revoked except by permission of the Court of Protection. The Court will need medical evidence that you are mentally capable, or you were mentally capable at the time, when you revoked the Enduring Power of Attorney.
If you do want to revoke an unregistered Enduring Power of Attorney, it's best to consult a solicitor who will draft a Deed of Revocation for you.
Find out more on how you can register an existing Enduring Power of Attorney (with Forms EP1PG and EP2PG included) with Lawpack's Power of Attorney Kit .
Further information
Article: What does a power of attorney do?
Article: The powers you can give with a Lasting Power of Attorney
Article: Choosing Attorneys for your power of attorney
Article: How to register a LPA
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