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POWER OF ATTORNEY · CAPACITY PLANNING

Enduring or lasting power of attorney — what is the difference?

One question answers it: when was it signed?

Before October 2007 → Enduring Power of Attorney (EPA). After → Lasting Power of Attorney (LPA).

Both remain legally valid today — but they do very different things.

Verified against GOV.UK on 22 Aug 2026
Found an unregistered EPA? If the person named is losing capacity — register immediately.Submit form EP2PG to the OPG before capacity is fully lost. Once gone with no registration in place, you may need a Court of Protection deputyship instead — far more complex and expensive.
§1The two documents

An EPA and an LPA are not interchangeable.

Both are powers of attorney — but they cover different decisions, were made under different laws, and have different registration rules. The most important practical difference: an EPA cannot authorise health or welfare decisions. Only an LPA (Health and Welfare) can do that.

Enduring Power of Attorney
Pre-October 2007
Made underEPA Act 1985
CoversProperty & financial affairs only
Register viaEP2PG — OPG
New EPAsNot possible since 1 Oct 2007
Valid todayYes — if made before Oct 2007

Covers only property and financial decisions. An unregistered EPA may be used while the donor has capacity — but must be registered at OPG the moment that begins to change.

Lasting Power of Attorney
From October 2007
Made underMental Capacity Act 2005
CoversFinance (LP1F) + health (LP1H)
Register viaOPG — must register before use
Fee£92 per document (£184 for both)
When usableFinancial: any time · Health: loss of capacity

Two separate documents. The Health and Welfare LPA is the critical addition — it covers medical decisions, care choices, and where someone lives. An EPA cannot do this.

§2What an EPA cannot do

Health and welfare decisions are outside an EPA's authority entirely.

An EPA attorney has no legal power to make medical or welfare decisions, regardless of how long the EPA has been in place. This is the single most important gap — and the main reason someone with an EPA should consider making an LPA (Health and Welfare) while capacity remains.

Medical treatment decisionsEPA ✗
Care home placementEPA ✗
Life-sustaining treatmentEPA ✗
Day-to-day welfare choicesEPA ✗
Bank accounts and investmentsEPA ✓
Property and real estateEPA ✓
Paying bills and taxEPA ✓
§3If you have found an EPA

Three things to check — in this order.

1
Is it signed and dated before 1 October 2007?

Check the donor's signature date. The EPA is only valid if signed before 1 October 2007. It must also have been witnessed. If in doubt, a solicitor can review the document.

2
Is it registered with the OPG?

A registered EPA has an OPG stamp on the front page. An unregistered EPA may be used while the donor has mental capacity. If capacity is declining or lost, submit form EP2PG to the OPG immediately — the earlier the better.

3
Does the donor still have mental capacity?

If the donor still has capacity, now is the time to make an LPA (Health and Welfare) — form LP1F covers finances, LP1H covers health. Both take 8–10 weeks to register. Once capacity is lost, it is too late.

Before the window closes

Reading this is the first step. Caring for a Parent covers the LPA route, the OPG registration timeline, and the conversation that has to happen first — prepared personally from a short intake about your household.

See Caring for a Parent
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§4Common questions

Frequently asked

Yes — an EPA made before 1 October 2007 remains fully valid. The Mental Capacity Act 2005 saved all existing EPAs when it replaced the EPA Act 1985. An EPA does not expire and does not need to be remade into an LPA. If it is registered with the OPG it can be used immediately; if unregistered, it may be used while the donor has mental capacity.
If the donor has lost capacity before the EPA was registered, the attorney must apply to the OPG to register it on form EP2PG. The OPG will serve notice on certain relatives before accepting the application. If the donor has already lost capacity and the EPA itself is invalid (unsigned, undated, or otherwise defective), the attorney has no legal authority and must apply to the Court of Protection for a deputyship — a much more complex and expensive process.
No. An enduring power of attorney covers property and financial affairs only. Health and welfare decisions — including medical treatment, care home placement, and where someone lives — fall outside an EPA's authority. For health and welfare decisions, only a Lasting Power of Attorney (Health and Welfare) grants that authority, and only while it is registered and the donor lacks capacity.
If they still have mental capacity, yes — making a Health and Welfare LPA now is strongly advisable. An EPA only covers property and financial decisions. Without a Health and Welfare LPA, no one has legal authority to make medical or care decisions on their behalf if they lose capacity.

If capacity has already been lost, an LPA can no longer be made — the only route for health and welfare decisions would be a Court of Protection deputyship.
The OPG currently takes 8–10 weeks to register an LPA, depending on application volume. Online applications via the OPG's 'Use an LPA' service can be quicker. The fee is £92 per document — £184 for both Property and Financial Affairs and Health and Welfare LPAs.

There is no fast-track service. An LPA cannot be used until registration is complete, which is why making one early — while the donor is well and has capacity — is strongly recommended.
No. No new EPAs have been possible since 1 October 2007. If you want to set up a power of attorney now, it must be a Lasting Power of Attorney under the Mental Capacity Act 2005. You can make one through the OPG's online service or through a solicitor. The donor must have mental capacity at the time of signing.

Executor's First Hour

Power of attorney, probate, and what to do first — all in one brief.

Time-phased guidance from the moment someone loses capacity through to estate close. Covers EPA/LPA roles, who holds authority at each stage, and the right sequence of steps.

Get the brief — £179
Related next steps
Advance decision vs LPA
Which document wins if they contradict→
Letters of administration
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Probate or letters of admin?
Quick disambiguation→
Executor refusing to act
Your options when an executor won't move→
Caring for a parent
Planning, costs, and legal steps→

Informational, not legal advice. EPA / LPA rules apply to England and Wales only. LPA fee £92 per document verified via GOV.UK on 22 Aug 2026.

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