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Lasting Powers of Attorney vs Enduring Powers of Attorney – Key Differences

What are the key differences between an Enduring Power of Attorney (EPA) and a Lasting Power of Attorney (LPA)?

We are often asked about the differences between LPAs and EPAs and we set out some common questions and answers:

1 – Can you still make LPAs and EPAs?

Although both LPAS and EPAs are valid to use, it has not actually been possible to make a new EPA since 1st October 2007, when LPAs were introduced.

2. Do you need to Register your LPA and EPA to operate the documents.

The two documents are treated very differently in this regard

An EPA can be operated as soon as it is signed but if the donor becomes mentally incapable there is a duty to register the EPA, in order for it to continue. There is quite a complex registration process with the Office of the Public Guardian (OPG) under which a number of people must generally be notified of the registation.

Conversely, an LPA must be registered with the OPG before it can be used but the registration process is quite simple. The donor is able to specify that they can be used either with the donor’s consent or if they lose capacity. The LPA is therefore easier to make ‘ready to use’ as and when required.

3 – What areas are covered by EPAs and LPAs

EPAs only apply to the property and financial affairs of the donor. An EPA does not deal with health and welfare issues such as giving the attorney the right to deal with medical decisions regarding the donor.

LPAs can be prepared in two forms, one dealing with property and affairs and the other Health and Welfare. As such, the LPA can grant more extensive powers to the attorney(s)

If you have any further questions, please do not hesitate to contact us.

Please download our LPA guide for more information.

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