LPA vs Enduring Power of Attorney: What's the Difference?

Understanding the Change from EPA to LPA

Before October 2007, Enduring Powers of Attorney (EPAs) were the standard way to appoint someone to manage your financial affairs. The Mental Capacity Act 2005 introduced Lasting Powers of Attorney (LPAs), which offer broader protection and more safeguards.

Key Differences at a Glance

Feature	EPA	LPA

Created after Oct 2007	No	Yes
Covers health decisions	No	Yes (Health & Welfare LPA)
Must be registered before use	No (only when capacity lost)	Yes (before any use)
Certificate provider required	No	Yes
Notification requirements	Limited	More comprehensive

What Happened to Existing EPAs?

If you have a valid EPA created before 1 October 2007:

• It's still legally valid
• You don't need to replace it with an LPA
• It must be registered with the OPG when you lose capacity (or think you might)
• It only covers property and financial affairs

However, many people choose to replace their EPA with LPAs because:

They want Health & Welfare coverage (EPAs don't offer this)

They want the document registered and ready to use immediately

Modern LPAs have more safeguards built in

Why LPAs Are Better

1. Health and Welfare Coverage

EPAs never covered healthcare decisions. If you only have an EPA, nobody has legal authority to make medical decisions for you. With an LPA, you can create a Health & Welfare LPA that covers:

• Medical treatment choices
• Where you live
• Daily care decisions
• End-of-life care (if you wish)

2. Upfront Registration

EPAs only needed registering when someone lost capacity—often causing delays at the worst possible time. LPAs must be registered before use, meaning:

• Your attorneys can act immediately when needed
• There's no last-minute paperwork during a crisis
• The OPG has already checked and approved your document

3. More Safeguards

LPAs include protections that EPAs lacked:

• A certificate provider must confirm you understand the document
• Named people can be notified when registration is applied for
• The OPG can investigate concerns about attorneys

Should I Replace My EPA?

Consider replacing your EPA with LPAs if:

• You want someone to make health decisions for you
• Your circumstances have changed significantly
• Your named attorneys are no longer appropriate
• You want the peace of mind of pre-registration

You may want to keep your EPA if:

• It already covers your financial needs
• You're comfortable without health and welfare coverage
• Your named attorney is still appropriate

Important: If you create a new Property and Financial Affairs LPA, you should revoke your old EPA to avoid confusion.

How to Register an Existing EPA

If you have an unregistered EPA, you should register it with the OPG if:

• The donor has lost or is losing mental capacity
• The attorney has reason to believe capacity will be lost soon

The registration fee is £92, and the process takes around 8-12 weeks.

Getting Modern Protection

Whether you have an existing EPA or no protection at all, creating comprehensive LPAs is the best way to protect yourself and your family.

At myLPA, we can help you create both types of LPA for just £140, giving you complete coverage for finances and healthcare.

Create Your LPAs Now →