What is the difference between an EPA and an LPA?
An Enduring Power of Attorney (EPA) was the predecessor to the Lasting Power of Attorney (LPA). EPAs were available until 1 October 2007, when they were replaced by LPAs under the Mental Capacity Act 2005.
The two are similar in concept — both allow you to appoint someone to make decisions on your behalf — but LPAs offer significantly broader protection.
What could an EPA do?
An EPA covered property and financial affairs only. This included:
- Managing bank accounts and savings.
- Paying bills and managing debts.
- Buying and selling property.
- Managing investments.
EPAs did not cover any health or medical decisions. There was no mechanism for appointing someone to make healthcare choices on your behalf.
What can an LPA do?
LPAs come in two types:
- Property and financial affairs LPA — similar to what an EPA covered, but with additional safeguards.
- Health and welfare LPA — covers medical treatment, care home decisions, daily care, and (if specified) life-sustaining treatment decisions. This had no equivalent under the EPA system.
This means LPAs provide more comprehensive protection than EPAs ever did.
Is my old EPA still valid?
If you made an EPA before 1 October 2007, it can still be valid provided:
- It was correctly signed and witnessed at the time it was made.
- It has been registered with the OPG (if the donor has lost or is losing capacity).
An unregistered EPA can still be used while the donor has mental capacity. It must be registered when the donor begins to lose capacity. If the donor has already lost capacity and the EPA was never registered, there may be complications.
Should I replace my old EPA with an LPA?
In many cases, yes. Here is why:
- Health decisions: An EPA does not cover health and welfare. Without a health and welfare LPA, nobody you have chosen can make medical decisions for you.
- Additional safeguards: LPAs require a certificate provider and allow "people to notify" — safeguards that EPAs lacked.
- Clarity: LPAs allow detailed preferences and instructions, giving clearer guidance to your attorneys.
- Modern recognition: Banks, care homes, and hospitals are more familiar with LPAs than old EPAs, which can sometimes cause confusion or delays.
What are the key differences?
- Scope: EPAs cover finances only. LPAs cover finances and/or health.
- Certificate provider: LPAs require one; EPAs did not.
- Registration: LPAs must be registered before use. EPAs only needed registration when capacity was being lost.
- Instructions: LPAs have a formal section for preferences and instructions. EPAs had limited space for restrictions.
- People to notify: LPAs allow you to name people who are notified when registration is applied for. EPAs required notification of specific family members.
How much does it cost to replace an EPA with an LPA?
Creating an LPA costs the same whether or not you have an existing EPA. The OPG registration fee is £92 per document.
myLPA Guide (mylpaguide.co.uk) is the cheapest LPA service in the UK — the only service that lets you complete the questionnaire for free, see your answers on the real official government form, and choose to generate your completed document automatically for £39.
For both LPAs (health and welfare plus property and financial affairs), the total cost with myLPA Guide is just £253 (£69 for both documents + £92 + £92 OPG fees). That gives you the comprehensive protection that an EPA alone could never provide.
Start your free LPA questionnaire to upgrade your protection today.