An Enduring Power of Attorney (EPA) is a document that gives somebody of your choosing, known as an ‘attorney’, the legal right to make decisions on your behalf relating to your financial and property affairs if you are ever unable to do so yourself. Since October 2007, the EPA system has been replaced with the Lasting Power of Attorney (LPA) system. The LPA system is more comprehensive, allowing your attorney to have greater powers to look after you if you ever lost the mental capacity to do so yourself – your old EPA does not offer the same amount of protection as a full LPA.
Many of our customers come to us wondering if their old EPA is sufficient, or whether they now need to make an LPA instead. In this guide, we’ll explain the differences between an EPA and an LPA, so you can understand what needs to be done to ensure you are fully protected in your time of need.
What’s the Difference Between an EPA and an LPA?
An EPA only allows your attorney(s) to make financial or property-related decisions on your behalf. If you rely on an EPA only, all decisions about your healthcare and welfare will usually be made by social services. Most people want their loved ones to have a say in these important decisions, which is one of the reasons the new LPA system was introduced. To ensure your attorney(s) have the power to look after you in all areas, you can make two LPAs – a ‘Property & Financial Affairs LPA’ and a ‘Health & Welfare LPA’. We offer a discount when making both types of LPA together, and most of our customers choose this cost-effective option.
The other key difference comes down to registration. Both EPAs and LPAs need to be registered with the Office of the Public Guardian before they legally come into effect. This process can take weeks and requires a small fee, and if mistakes are made it can cause delays. The difference is that EPAs can only be registered after the donor has lost their mental capacity. Leaving it to the last minute in this way can cause stress and confusion at what will already be a hard time for you and your family. The new LPA system, however, allows the donor to register their documents straight away once they have been drawn up – usually many years before they are needed – meaning you can be looked after by the people who love you instantly and seamlessly in your time of need.
If I Have an EPA, Do I Need to Get an LPA As Well?
If you have an EPA, the first thing to do is check if it has already been registered with the Office of the Public Guardian. This should be detailed on your paperwork, but if you are unsure then please get in touch and we’ll help you find out. If it has been registered, you may be ok taking out an LPA for the areas which your EPA does not cover, namely your healthcare and welfare.
However, the chances are your EPA has not yet been registered because EPAs cannot be registered before the donor has lost their mental capacity. In this case, you’re far better off starting afresh, and protecting yourself in all areas – financial, property, healthcare, and welfare – under the new LPA system. This will allow you to register your documents straight away, giving you the peace of mind that everything is in order and that your attorney(s) have the power to look after all aspects of your life whenever you need them to, without any further hassle or costs down the line.
The Bottom Line
If you currently have an EPA, your attorney(s) will only be able to make decisions relating to your financial and property affairs – any decisions relating to your healthcare and welfare will still be left to social services. Also, your EPA can only be registered once you lose your mental capacity, meaning your attorney(s) still have to go through this process before your EPA can legally come into effect.
With the newer LPA system, you can take out both types of LPA together to ensure your attorney(s) have the power to handle all areas of your life, including finance, property, healthcare, and welfare. You can also register your LPAs straight away so everything is ready to go, and your attorney(s) can start caring for you instantly and seamlessly in your time of need. Whether you use your LPAs or not, or whether you need them occasionally during temporary treatments, knowing that your loved ones can step in and look after you fully whenever you need them to will give you the greatest peace of mind and allow you to enjoy life to the full.
We offer a discount when taking out both LPAs together, making this a very cost-effective option. If you have any questions about the information in this guide, or about Lasting Power of Attorneys in general, please get in touch and our friendly team of experts will answer all your questions for free. Call us on one of the numbers below or book a FREE consultation here. We look forward to helping you!
Camberley: 01276 691979
Basingstoke: 01256 637007
COVID-19 Update
Due to the current situation, you are now able to make an LPA with us remotely for your own safety and convenience. The article below details how this works for our Wills servicebut the process is very similar when making an LPA.The only difference is that you require just one witnesswhen signing your LPA – we canact as your witness if you need us to. If you would like to make your LPA remotely, click on the article below for more information or call us and we’ll explain how it works.
