Lasting vs Enduring Power of Attorney: Which is best for you?

If you or a family member have an Enduring Power of Attorney (EPA) made before 1 October 2007, you may be weighing up whether to replace it with a Lasting Power of Attorney (LPA). Both documents deal with decisions on your affairs, but they work in different ways. This article explains the differences, practical implications in England and Wales, and the steps you can take to make sure your wishes will be followed.

What is an EPA and how does it differ from an LPA?

An EPA was the standard legal document that allowed someone else to manage your financial affairs. EPAs can still be valid today if they were properly made, but it has not been possible to create a new EPA since 1 October 2007. An LPA is the modern replacement and comes in two types: a Financial Decisions LPA and a Health and Welfare LPA.

The key practical difference is that EPAs only cover financial matters, while LPAs can cover both finances and health or care decisions. If you want someone to have legal authority to make decisions about medical treatment, moving into care, or life sustaining treatment, you must have a Health and Welfare LPA in place.

Why LPAs are generally preferred

Better safeguards and registration

An LPA must be registered with the Office of the Public Guardian before it can be used. The registration process includes a Certificate Provider to confirm you understood the document when you signed it and were not under undue pressure. This extra safeguard makes LPAs stronger if they are challenged later, and reduces the risk of misuse.

More flexibility in appointments and guidance

With an LPA you can name replacement attorneys who step in if the original appointees cannot act. You can also choose how attorneys act, for example appointing them to act jointly or jointly and severally. LPAs let you give binding instructions and non-binding preferences to guide attorneys. Preferences help attorneys and professionals understand your wishes about day to day life, while instructions are legally binding.

Stronger supervision and timing

EPAs only needed to be registered once the donor was starting to lose capacity, which created opportunities for abuse. An LPA for financial decisions can be set up to be used while you still have capacity or only after you lose capacity, but it must be registered first. This means you get protection sooner and the paperwork is checked in advance.

When might you keep an EPA?

If an EPA was correctly drafted and it still reflects your wishes, you do not have to replace it automatically. Many families keep a valid EPA and use it without problems. However, if you want health and welfare decisions covered, or you want the extra safeguards such as replacement attorneys and formal registration, creating LPAs is usually the safer option.

Also consider whether your named attorneys are still suitable, whether you want to add replacements, or whether your financial arrangements, property ownership or care preferences have changed since the EPA was made. If so, an LPA gives you the chance to update those choices.

Practical steps to move from an EPA to LPAs

1. Review the existing EPA with the people involved and check it was signed correctly.
2. Decide who you want as attorneys, and whether you want joint or separate powers. Consider naming replacement attorneys.
3. Think about whether you need both a Financial LPA and a Health and Welfare LPA. If you want health decisions covered you will need a Health and Welfare LPA.
4. Choose a Certificate Provider who can confirm you had capacity and were not pressured when you sign the LPA.
5. Complete the LPA forms and register them with the Office of the Public Guardian. See the official guidance at gov.uk/power-of-attorney.

Need help deciding?

If you are unsure whether to keep an EPA or make LPAs, you can talk it through with us. We can explain the differences and help you create LPAs that reflect your wishes and protect you and your family.

Find out more about our Lasting Power of Attorney service or combine an LPA with a will to make sure your affairs are in order.

If you would like a confidential chat, contact Beneficial Family Wills and we will guide you through the options and next steps.

Keeping a valid EPA is an option, but in many cases creating LPAs gives you more protection, more flexibility and clearer supervision. Taking a little time now to review or update your arrangements can save stress and uncertainty later.

For related topics, we can also advise on trusts and probate if you want to plan more widely. Learn about our trusts service or get an online will to pair with your LPAs.