Discreet · Secure

Lasting Power of Attorney

Lasting vs Enduring Power of Attorney

The two documents do a similar job, but one replaced the other in 2007. Here is what separates a lasting power of attorney from the older enduring power.

8 min read · Written by the Fairchild Oldfield team · Last reviewed: August 2026

1 Oct 2007
The date lasting powers of attorney replaced enduring powers. Only an EPA made and signed before this date can still be used.
Source: gov.uk, as at August 2026, subject to change.

A lasting power of attorney (LPA) and an enduring power of attorney (EPA) are both legal documents that let someone you trust make decisions for you, but the LPA replaced the EPA on 1 October 2007. You can no longer make a new EPA; an EPA signed before that date remains valid, while everyone else now uses an LPA (gov.uk, as at August 2026, subject to change).

The other headline difference is scope. An EPA only ever covered property and financial affairs. LPAs come in two forms, one for property and financial affairs and one for health and welfare, so the newer system also lets you appoint someone to make decisions about your care and medical treatment (gov.uk, as at August 2026, subject to change). This guide sets out the differences, explains what to do if you hold an old EPA, and covers how each document is registered.

The short answer

If you are making a power of attorney today, you make an LPA, because the EPA was withdrawn for new applications in 2007. If a relative made an EPA before then and it covers their finances, it can still be used and does not need to be replaced. An EPA cannot cover health and welfare decisions, so someone who wants a say over their future care would need a separate health and welfare LPA as well (gov.uk, as at August 2026, subject to change).

Lasting vs enduring power of attorney, side by side

The table below sets out the main practical differences between the two documents in England and Wales.

FeatureEnduring power of attorney (EPA)Lasting power of attorney (LPA)
Can you make a new one?No, withdrawn for new applications on 1 October 2007Yes, this is the current document
What it coversProperty and financial affairs onlyTwo separate types: property and financial affairs; and health and welfare
When it must be registeredRegistered when the donor is losing, or has lost, mental capacityMust be registered before it can be used at all
Governing lawEnduring Powers of Attorney Act 1985Mental Capacity Act 2005
Still valid today?Yes, if made and signed before 1 October 2007Yes

Sources: gov.uk, enduring power of attorney and gov.uk, power of attorney, as at August 2026, subject to change.

What each document covers

An EPA deals only with money and property. Under one, attorneys can manage bank and building society accounts, pay bills, deal with pensions and benefits, and handle property and investments (gov.uk, as at August 2026, subject to change). It says nothing about medical care or where someone lives.

The LPA system splits those decisions into two documents. A property and financial affairs LPA does broadly the same job as the old EPA, covering money and property. A health and welfare LPA is the part with no EPA equivalent: it lets attorneys make decisions about daily care, medical treatment and living arrangements, and can only be used once the person can no longer make the decision themselves (gov.uk, as at August 2026, subject to change). Our guide to lasting powers of attorney looks at both types in more detail.

A key point about capacity. An LPA has to be registered with the Office of the Public Guardian before anyone can rely on it, and registration currently takes around 8 to 10 weeks where there are no mistakes (gov.uk, as at August 2026, subject to change). An EPA works differently: it can be used while the donor still has capacity, and the attorney only applies to register it once the donor is becoming, or has become, mentally incapable (gov.uk, as at August 2026, subject to change). Both documents must be made while the person still has mental capacity.

Is an enduring power of attorney still valid?

Yes. An EPA made and signed before 1 October 2007 remains legally valid and can still be used, even though no new EPAs can be created (gov.uk, as at August 2026, subject to change). There is no automatic need to replace an existing EPA with an LPA. Some families do choose to put an LPA in place as well, most often to add a health and welfare LPA, which an EPA cannot provide, or because the older document does not reflect the person's current wishes. Whether that is worthwhile depends on the individual situation, and it is the sort of question people often talk through with a professional rather than decide from a general article.

Registering each one

Both documents are registered with the Office of the Public Guardian, but the timing and cost differ.

ItemDetail (August 2026)
LPA registration fee£92 per LPA (£184 for both types)
EPA registration fee£92 to register an existing EPA
When you registerLPA: before use. EPA: when the donor is losing or has lost capacity
Fee reduction or exemptionMay apply on a low income or certain means-tested benefits
Time to register an LPAAround 8 to 10 weeks if there are no mistakes

Sources: gov.uk/power-of-attorney/register and gov.uk, register an EPA, as at August 2026, subject to change. A solicitor or will writer may charge a separate fee for preparing or checking a document.

Which one do I need?

For anyone making a power of attorney now, the choice is really between the two types of LPA rather than between an LPA and an EPA, because a new EPA is no longer an option. Many people set up both LPAs so that decisions about money and decisions about care are each covered. If you are looking after a relative who already has an EPA, the practical questions tend to be whether it needs registering yet and whether a health and welfare LPA would be a useful addition. General information of this kind is a starting point, not a decision for your own circumstances, and the details matter.

Scotland and Northern Ireland

This guide describes the law of England and Wales. Scotland has its own system of continuing (financial) and welfare powers of attorney, registered with the Office of the Public Guardian (Scotland) (publicguardian-scotland.gov.uk, as at August 2026, subject to change). Northern Ireland still uses enduring powers of attorney for financial matters and does not have the same LPA system, so the position there is different again. If your affairs touch more than one part of the UK, it can be worth checking the rules in each.

Frequently asked questions

What is the difference between a lasting and an enduring power of attorney?

An enduring power of attorney (EPA) covered only property and financial affairs and was replaced by the lasting power of attorney (LPA) on 1 October 2007. LPAs come in two types, one for property and financial affairs and one for health and welfare, so the newer system also covers care and medical decisions. You can no longer make a new EPA (gov.uk, as at August 2026, subject to change).

Is an enduring power of attorney still valid in 2026?

Yes. An EPA made and signed before 1 October 2007 remains valid and can still be used. It does not have to be replaced with an LPA, although some people add a health and welfare LPA because an EPA cannot cover care or medical decisions (gov.uk, as at August 2026, subject to change).

Can I still make an enduring power of attorney?

No. New EPAs have not been available since 1 October 2007. Anyone making a power of attorney now makes a lasting power of attorney instead, choosing the property and financial affairs LPA, the health and welfare LPA, or both (gov.uk, as at August 2026, subject to change).

Do I need to replace my EPA with an LPA?

There is no legal requirement to do so, as a valid EPA continues to work. People sometimes choose to make an LPA as well, most often to add a health and welfare LPA or because their wishes have changed. Whether that is worthwhile depends on the individual circumstances (gov.uk, as at August 2026, subject to change).

When does an EPA need to be registered?

Unlike an LPA, an EPA can be used before it is registered while the donor still has capacity. The attorney must apply to register it with the Office of the Public Guardian when the donor is becoming, or has become, mentally incapable of managing their affairs (gov.uk, as at August 2026, subject to change).

How much does it cost to register?

Registering an LPA costs £92 per document with the Office of the Public Guardian, so both types together cost £184. Registering an existing EPA also costs £92. A fee reduction or exemption may be available on a low income or certain means-tested benefits (gov.uk, as at August 2026, subject to change).

Does an enduring power of attorney cover health decisions?

No. An EPA only ever covered property and financial affairs. To give someone authority over care and medical treatment, you need a health and welfare LPA, which is registered separately with the Office of the Public Guardian (gov.uk, as at August 2026, subject to change).

About Fairchild Oldfield

The Fairchild Oldfield team brings together estate planning, tax and client care, working with families across England and Wales.

Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This article is general information based on practical experience, not legal, tax or financial advice.

Important: This article is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions may differ. Figures and rules are current as at August 2026 and are subject to change. Before acting, many people choose to seek advice from a suitably qualified professional who can consider their individual circumstances. If you are thinking about wider planning, our guides to lasting powers of attorney, estate planning and writing a will may help, and you are welcome to contact us.

Put the right protections in place

Lasting powers of attorney, wills and wider planning, considered together with one point of contact.

Book a Free Consultation