Q. I made an Enduring Power of Attorney (EPA) many years ago, however I am seeing all over the media about how important it is to put in place Lasting Powers of Attorney (LPA). Is this necessary if I have an EPA? What is the difference between the two?
A: An EPA only deals with matters relating to your Property and Financial affairs and it must be registered before it can be used. LPAs on the other hand come in two separate parts, one that covers your Property and Finances and one that covers your Health and Welfare. So, as well as appointing Attorneys who can step in and pay bills, sell your property and manage your bank accounts etc, you can also appoint Attorneys to make decisions on your behalf about your medical care and living arrangements and even life sustaining treatment.
As you already have an EPA in place you could choose to just set up an LPA for Health and Welfare. You should however note that the LPA for Property and Financial Affairs offers greater flexibility and safeguarding than an EPA. For example, once registered the LPA can be used by your Attorneys, with your consent, before you lose mental capacity. With an EPA, Attorneys can only step in once you have lost capacity. Furthermore, you can include instructions and/or restrictions within your LPA to your Attorneys, such as giving them the right to access your Will or to manage digital assets.
You can appoint a single Attorney or joint Attorneys in your LPA, and also replacement Attorneys to step in if your Attorneys can no longer act. To safeguard your interests the LPA must be signed by a ‘Certificate Provider’ who confirms you had capacity at the time of setting it up and you were not unduly influenced in your decisions and choices. (Please note the Office of the Public Guardian registration fee rises from £82 to £92 per document on 17th November 2025)
This question has been answered by Nicole Kukla, a Trainee Solicitor with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194
