What is the difference between a Lasting and Enduring Power of Attorney?

A Lasting Power of Attorney (LPA) replaced the Enduring Power of Attorney (EPA) on the 1^st October 2007.

All EPAs signed prior to that date are still valid and can be registered by the Office of the Public Guardian. However, LPAs are far more flexible and you also have the option of taking out either a Property & Financial Affairs LPA or a Health & Welfare LPA, or both.

An EPA must be registered as soon as the donor starts to lose mental capacity. You should tell the Donor, their family members and other attorneys that you intend to register the EPA. You must apply to the Office of the Public Guardian to register the EPA and pay the Court Fee payable.

Often I am asked whether an EPA can be used prior to registration. If the Donor becomes unable to make financial decisions, the EPA must be registered and logged with the various organisations. If the Donor does not lack capacity but requires assistance then the EPA can be used by the Attorney to assist the Donor in the management of his or her Financial Affairs.

The main difference between the old EPA and the LPAs is that an LPA must be registered with the Office of the Public Guardian before it can be used whereas an EPA can be used from the moment it is signed and is only required to be registered once the Donor loses capacity.

You are no longer able to make an EPA and they do not cover Health & Welfare decisions. Some people who have a valid EPA might also want to make a Health & Welfare LPA to cover decisions about their care or treatment.

If Fisher Jones Greenwood can assist you in the preparation of a Lasting Power of Attorney, then please do not hesitate to contact us on 01206 700113 or email [email protected].