Enduring power of attorney

Enduring powers of attorney (EPAs) can no longer be created in England and Wales, although EPAs created prior to this, and signed before 1 October 2007, are still valid. EPAs were replaced by the lasting power of attorney (LPA) on 1 October 2007. There are two categories of LPA, one for your financial affairs and one for your personal welfare. These documents are called 'Lasting power of attorney - Property and affairs' and 'Lasting power of attorney - Personal welfare'.

For more information, see our ‘Lasting power of attorney’ section.

Although you can no longer create EPAs after 1 October in England & Wales, you can still register EPAs that were created before this date. All EPAs created and signed before 1 October 2007 will continue to have full legal effect. If you already have an EPA, you don't need to do anything new, unless you want to create a lasting power of attorney.

If you become incapable of making financial decisions and lose your ability to manage your own affairs, this type of power of attorney 'endures' and continues in force until death but subject to certain important conditions and safeguards. By planning ahead and making an EPA, you are able to give your instructions whilst you are of sound mind, in anticipation of the possibility of not being capable at some future date.

Unlike the LPA, an EPA relates only to financial and property decisions, it does not cover decisions relating to personal welfare, i.e. matters relating to your social and health care needs. Therefore, it might be the case that you want to keep your EPA for financial affairs, but would like to create a new LPA for matters relating to your personal welfare.

For more information, see our ‘Lasting power of attorney’ section.

If you already have an EPA and wish to create an LPA, you may decide to revoke your EPA. The best way to revoke an EPA is to sign a formal document called a Deed of Revocation. You’ll need legal advice for this. After revoking the document, you can then create a new lasting power of attorney.

Court of Protection

Archway Tower

2 Junction Road

London N19 5SZ

Phone Number: 0845 330 2900

Fax Number: 020 7664 7705

Website: Office of the Public Guardian

You can download helpful resources from HM Court services (Select 'Court of Protection' from the drop down menu under 'Work Type' for a list of their forms/guidance booklets.)

You can also contact the Office of the Public Guardian which will refer you on to the Court of Protection.

Office of the Public Guardian

PO Box 15118

Birmingham

B16 6GX

Telephone: 0300 456 0300 Phone lines are open Monday - Friday 9am - 5pm (Except Wednesday 10am - 5pm)

Textphone: 020 7664 7755 (If you have speech or hearing difficulties and have access to a textphone)

Fax: 0870 739 5780

International Calls: +44 20 7664 7000

International Faxes: +44 7664 7551

Website: Public Guardian

Email: customerservices@publicguardian.gsi.gov.uk

This article only applies to enduring powers of attorney in England & Wales. For more information on enduring powers of attorney in Northern Ireland, read our article on this topic: Enduring powers of attorney in Northern Ireland.