The difference between a lasting and enduring power of attorney is mainly one of timing and scope. Enduring powers of attorney (EPAs) were replaced by lasting powers of attorney (LPAs) on 1 October 2007. An EPA made before then can still be used, but it only covers property and finances, never health and welfare. This guide covers England and Wales.
What is an enduring power of attorney (EPA)?
An enduring power of attorney (EPA) is a legal document that let a person appoint attorneys to manage their property and financial affairs, and to carry on acting after the person lost mental capacity. EPAs could be signed up to 30 September 2007. No new EPA can be made now, but one signed before then remains valid (gov.uk, as at August 2026, subject to change).
An EPA takes effect as soon as it is signed. Once the donor begins to lose capacity, the attorney must register it with the Office of the Public Guardian (OPG) before continuing to act. An EPA covers money and property only, and gives no power over health, care or medical treatment.
What is a lasting power of attorney (LPA)?
A lasting power of attorney (LPA) is the document that replaced the EPA under the Mental Capacity Act 2005. It comes in two types: property and financial affairs, and health and welfare. Each must be registered with the OPG before use, and each carries a £92 registration fee (gov.uk, as at August 2026, subject to change).
LPAs added safeguards EPAs lacked. A certificate provider must confirm the donor understands the document and is under no pressure to sign it, and the donor can name replacement attorneys. A health and welfare LPA can be used only once the donor has lost capacity; a property and financial affairs LPA can be used sooner if the donor allows it.
What is the difference between lasting and enduring power of attorney?
The main differences are scope, registration timing and safeguards. An EPA covers only finances and was registered once capacity was failing; an LPA can also cover health and welfare and must be registered up front. The table sets the two side by side, the comparison most guides describe in prose but rarely lay out cleanly.
| Enduring power of attorney (EPA) | Lasting power of attorney (LPA) | |
|---|---|---|
| Can you make one now? | No. Last signed 30 September 2007 | Yes. In use since 1 October 2007 |
| What it covers | Property and financial affairs only | Two types: property and financial affairs, and health and welfare |
| Health and care decisions | No power over health or welfare | Health and welfare LPA covers care, treatment and life-sustaining treatment |
| When it must be registered | Only when the donor is losing or has lost capacity | Before it can be used at all, ideally straight away |
| Replacement attorneys | Not possible | Can be named |
| Certificate provider safeguard | None | Required |
| Registration fee | £92 to register with the OPG | £92 per LPA (£184 for both types) |
Source: gov.uk power of attorney and gov.uk EPA duties, as at August 2026, subject to change. See our guide to the property and financial affairs LPA.
Is an enduring power of attorney still valid in 2026?
Yes. An EPA signed correctly before 1 October 2007 is still legally valid for property and financial affairs. You cannot make a new one or add health and welfare powers to it. If the donor is losing capacity, the attorney must register the EPA with the OPG before acting further. Registering it involves telling the donor and certain relatives first.
- Notify the donor in writing that you intend to register the EPA.
- Notify at least three of the donor's closest relatives, following the priority order set out in the rules, and any co-attorneys.
- Complete form EP2PG, the application to register an enduring power of attorney.
- Send the application to the OPG. Anyone notified has a period to object before registration is confirmed.
Source: gov.uk, register an enduring power of attorney, as at August 2026, subject to change.
Should you replace your EPA with an LPA?
An old EPA still works for finances, but it leaves a gap: no one can make health and welfare decisions for the donor. Whether to replace it turns on capacity, since only someone with capacity can make a new LPA. Use this from-practice framework.
- If the donor still has capacity: consider making a health and welfare LPA alongside the EPA, so care and treatment decisions are covered. Many people also revoke the EPA and make a fresh property and financial affairs LPA, for the extra safeguards and replacement attorneys.
- If you want a clean single system: the donor can revoke the EPA by deed and make both types of LPA, putting everything on the current framework.
- If the donor has lost capacity: you cannot make any new LPA. Keep and register the EPA for finances. For health decisions, the family may need best-interests decisions or the Court of Protection under the Mental Capacity Act 2005.
- Either way: check the EPA is signed and worded correctly, because a defective EPA can be rejected at registration when it is needed most.
Replacing or adding an LPA is part of wider estate planning and often sits alongside a will. If you are unsure which route fits, you can compare the cost of professional help before deciding.
Frequently asked questions
The questions people ask most often about lasting versus enduring powers of attorney. In short: an old EPA signed before October 2007 is still valid for finances, it cannot cover health or welfare, LPAs replaced it in 2007 for any new case, and registering either document with the OPG costs £92.
Can you still use an enduring power of attorney?
Yes. An EPA signed before 1 October 2007 can still be used for property and financial affairs. While the donor has capacity the attorney can act on the unregistered EPA, but once capacity is failing it must be registered with the Office of the Public Guardian first (gov.uk, as at August 2026, subject to change).
Can an enduring power of attorney cover health decisions?
No. An EPA covers only property and financial affairs. It gives no authority over health, care or medical treatment. To cover those decisions you need a health and welfare LPA, which the donor can make only while they still have mental capacity (gov.uk, as at August 2026, subject to change).
Do I need to replace my enduring power of attorney with a lasting power of attorney?
Not for finances, as a valid EPA still works. Many people still make a health and welfare LPA to fill the gap the EPA leaves, and some revoke the EPA and make both LPAs for the added safeguards. Replacing it is possible only while the donor still has capacity (gov.uk, as at August 2026, subject to change).
How much does it cost to register a power of attorney?
It costs £92 to register an LPA with the Office of the Public Guardian, and £92 to register an EPA. A 50% reduction may apply if gross income is under £12,000 a year, and an exemption may apply for certain means-tested benefits (gov.uk, as at August 2026, subject to change).