Understand the key differences between LPA and enduring power of attorney in England and Wales. Get expert advice from Nazir Solicitors in Sheffield.
Planning for the future is one of the most important things you can do for yourself and your family. If there ever comes a time when you are unable to make decisions for yourself — whether due to illness, injury, or mental incapacity — having the right legal documents in place can make an enormous difference. Two terms that often cause confusion are Lasting Power of Attorney (LPA) and Enduring Power of Attorney (EPA). While they serve a similar purpose, they are not the same thing, and understanding the difference is essential. At Nazir Solicitors, we help clients across Sheffield and beyond navigate these important legal decisions with clarity and confidence.
What Is an Enduring Power of Attorney?
An Enduring Power of Attorney (EPA) was a legal document that allowed a person — known as the donor — to appoint someone they trusted, known as an attorney, to manage their property and financial affairs. EPAs were introduced under the Enduring Powers of Attorney Act 1985 and were widely used throughout England and Wales for many years.
The key feature of an EPA was that it could continue to be valid even if the donor later lost mental capacity. However, once the donor began to lose capacity, the attorney was legally required to register the EPA with the Office of the Public Guardian (OPG) before they could continue to act. This registration requirement was intended to provide some oversight, but critics argued it did not go far enough in protecting vulnerable people.
Crucially, EPAs could only cover property and financial matters. They did not allow attorneys to make decisions about health, welfare, or medical treatment. This was seen as a significant limitation, particularly for families facing complex care situations.
What Is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) replaced the EPA when the Mental Capacity Act 2005 came into force in October 2007. Since that date, it has no longer been possible to create a new EPA. LPAs were designed to offer much greater protection for donors and to give attorneys clearer guidance on their responsibilities.
There are two types of LPA available in England and Wales:
- Property and Financial Affairs LPA — This allows your attorney to manage your bank accounts, pay bills, collect income, and deal with property on your behalf.
- Health and Welfare LPA — This allows your attorney to make decisions about your medical treatment, care arrangements, and day-to-day welfare, but only when you lack the mental capacity to make those decisions yourself.
Unlike an EPA, an LPA must be registered with the Office of the Public Guardian before it can be used — even if the donor still has full mental capacity. This early registration is an important safeguard and means the document is ready to use when it is needed most. At Nazir Solicitors, we guide our clients through the registration process to ensure everything is completed correctly and without unnecessary delay.
Key Differences Between an LPA and an EPA
Although both documents allow a trusted person to act on your behalf, there are several important differences between an LPA and an EPA that you should be aware of:
- Availability: EPAs can no longer be created. They were replaced by LPAs in October 2007. If you do not yet have any power of attorney in place, you will need to make an LPA.
- Scope: EPAs only covered property and financial matters. LPAs can cover both financial affairs and health and welfare decisions.
- Registration: EPAs only needed to be registered when the donor was losing or had lost mental capacity. LPAs must be registered before they can be used at all.
- Safeguards: LPAs include stronger safeguards, including the requirement for a certificate provider to confirm the donor understands the document and is not being pressured into signing it.
- Named people to notify: When making an LPA, you can name people who must be notified when the LPA is registered, giving an additional layer of protection against abuse.
These differences mean that LPAs offer significantly greater protection for donors than the old EPA system ever did.
Are Old EPAs Still Valid?
This is one of the most common questions we receive at Nazir Solicitors. The answer is yes — if an EPA was validly created before October 2007, it can still be used and remains legally valid. However, there are some important points to bear in mind.
An unregistered EPA can still be used while the donor has mental capacity, but it must be registered with the Office of the Public Guardian as soon as the donor begins to lose capacity. If you have an old EPA that has not yet been registered, you should keep it in a safe place and make sure your attorney knows where it is and what their obligations are.
That said, even if you already have a valid EPA, it may be worth considering whether you also need an LPA for health and welfare decisions. Because an EPA only covers property and finances, your attorney would have no legal authority to make decisions about your medical treatment or care under an EPA alone. If this is a concern for you or your family, speaking to a solicitor is strongly advisable.
Why Making an LPA Sooner Rather Than Later Matters
One of the most important things to understand about LPAs is that you can only make one while you have mental capacity. If you lose capacity before an LPA is in place — whether through a sudden accident, a stroke, or the progression of a condition like dementia — your family may have no legal authority to manage your affairs or make decisions on your behalf.
In that situation, a family member or other interested party would need to apply to the Court of Protection for a deputyship order. This process is significantly more expensive, time-consuming, and stressful than simply making an LPA in advance. It can also result in delays during which urgent decisions cannot be made.
Making an LPA is not just for older people. Anyone over the age of 18 can — and arguably should — consider putting an LPA in place. Accidents and illnesses can happen at any age, and having an LPA ensures that the people you trust are legally empowered to help you when you need it most.
Practical Tips: What You Should Do Now
Check Whether You Have an EPA or an LPA
Look through your important documents and find out whether you have any power of attorney in place. If you have an EPA, check whether it has been registered and consider whether a Health and Welfare LPA would also be beneficial.
Consider Making an LPA Sooner Rather Than Later
If you do not yet have an LPA, do not wait. The process takes time — typically several weeks from application to registration — and you must have mental capacity when you sign the document. The sooner you act, the better protected you and your family will be.
Choose Your Attorneys Carefully
Your attorney will have significant power over your affairs, so it is vital to choose someone you trust completely. You can appoint more than one attorney and decide whether they must act together or can act independently of each other.
Seek Professional Legal Advice
Power of attorney documents must be completed correctly to be legally valid. Mistakes or omissions can cause the document to be rejected by the Office of the Public Guardian, causing delay and expense. Working with an experienced solicitor ensures the process runs smoothly and that your wishes are properly recorded.
How Nazir Solicitors Can Help You
At Nazir Solicitors, we understand that thinking about a time when you may lose capacity can feel daunting. Our friendly and experienced team is here to make the process as straightforward and stress-free as possible. We take the time to explain your options in plain English, help you decide which type of LPA is right for your circumstances, and guide you through every step of the preparation and registration process.
Whether you are making an LPA for the first time, need advice about an existing EPA, or have concerns about a loved one’s arrangements, we are here to help. We work with clients in Sheffield and throughout England and Wales, and we pride ourselves on providing clear, practical, and compassionate legal advice.
Contact Nazir Solicitors today to arrange a consultation with one of our Wills, Trusts & Probate specialists. You can reach us by telephone, email, or by visiting our office in Sheffield. We look forward to helping you protect what matters most.
Tel: 0114 308 2727
Email: contact@nazirsolicitors.co.uk
Disclaimer: This article is intended for general information purposes only and does not constitute legal advice. The law in this area is complex and the information provided may not apply to your individual circumstances. You should not rely on this content as a substitute for obtaining professional legal advice tailored to your specific situation. Nazir Solicitors is a trading name of Affinity Seven Law Solicitors Ltd a limited company registered in England and Wales (SRA No. 630144). If you have questions about trusts or any other legal matter, please contact a qualified solicitor.
