Enduring power of attorney
An enduring power of attorney (EPA) is the older form of power of attorney, which has now been replaced by Lasting Power of Attorney. It is not possible to make a new EPA. However, if you made an EPA in the past, it may still be valid.
What is an enduring power of attorney?
An EPA grants a person or a group of people (known as your ‘attorney’ or ‘attorneys’) the power to make decisions on your behalf. These decisions can be about your finances or your property and investments.
Lasting power of attorney has now replaced EPAs, so you can’t make a new EPA. However, if you set one up before October 2007, it’s still valid – and you can still register it if you haven’t already.
When can an EPA be used?
Your attorney(s) can use an EPA while you still have mental capacity, even if it isn’t registered. If you lose mental capacity, your attorney will need to register the EPA with the Office of the Public Guardian in order to make decisions on your behalf.
You need to show signed copies of your EPA to your bank and any financial advisers so that your attorney(s) can manage your accounts.
How is an EPA registered
While you can no longer create a new EPA, existing EPAs can still be registered.
To do so, your attorney must tell you and at least 3 of your relatives that they intend to register the EPA.
You must then submit an Application for Registration form (EP2PG) to the OPG. You will need to pay a registration fee of £92.
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