Enduring Power of Attorney UK (2026): Are Old EPAs Still Valid?
Updated 13 May 2026 · 7 min read · England & Wales
The Enduring Power of Attorney was the predecessor to the Lasting Power of Attorney, abolished for new arrangements on 1 October 2007 when the Mental Capacity Act 2005 came into force. But millions of old EPAs remain in existence — and questions about their validity, limitations, and whether to replace them are common. Here is what you need to know.
EPA vs LPA: the key differences
| Feature | Enduring Power of Attorney (EPA) | Lasting Power of Attorney (LPA) |
|---|---|---|
| Available for new arrangements? | No — abolished 1 October 2007 | Yes — only option since 2007 |
| Scope | Property and finances only | Property & finances; Health & welfare (two separate LPAs) |
| Registration | Required when donor starts to lose capacity | Can register immediately; must be registered before use |
| OPG registration fee | £82 to register | £82 per LPA (two LPAs = £164) |
| Statutory framework | EPA Act 1985 (now Sch 4 MCA 2005) | Mental Capacity Act 2005 |
| Bank/institution acceptance | Valid but increasingly queried by institutions | Widely accepted; OPG check online |
| Old documents valid? | Yes — if validly made and (when needed) registered | Only LPAs registered after 2007 |
Are old EPAs still valid?
Yes — an EPA made before 1 October 2007 remains valid. The MCA 2005 preserved existing EPAs under Schedule 4. The critical requirements:
- The EPA must have been validly executed at the time — signed by both donor and attorney in the prescribed form, with the donor having capacity when signing
- If the donor has lost capacity, the EPA must have been registered with the OPG — an unregistered EPA cannot be used once the donor is incapable
- The attorney must not have died, divorced (if the attorney is a spouse), or themselves lost capacity
Banks and financial institutions are legally required to accept a validly registered EPA. However, some institutions are unfamiliar with EPAs and may request additional verification — the OPG can confirm registration details.
What an EPA does not cover
The most important limitation of an EPA is its scope: it covers property and financial affairs only. There is no equivalent of the Health and Welfare LPA in the EPA framework. If a donor has an EPA but no Health and Welfare LPA, and they lose capacity to make medical or care decisions:
- No attorney has authority over treatment or care decisions
- Healthcare professionals must make decisions in the patient’s best interests under s5 MCA 2005
- Family members have no automatic legal authority to consent to or refuse treatment
- A Court of Protection welfare deputyship would be needed for ongoing authority — an expensive, slow process
If the donor still has capacity, making a Health and Welfare LPA is strongly recommended to fill this gap — even if the EPA remains in place for financial matters.
Registering an unregistered EPA
If a donor made an EPA before 2007 but it was never registered, and they are now losing or have lost capacity, the attorney must register the EPA with the OPG immediately. To register:
- Complete form EP2PG (application to register)
- Serve notice on the donor and at least 3 relatives (form EP1PG) — certain family members in a prescribed priority order
- Send the original EPA document, EP2PG, fee (£82), and evidence of notification to the OPG
- Wait for the OPG to issue the registered EPA — typically several weeks
Do not delay — using an EPA after the donor has lost capacity, without it being registered, is a criminal offence.
Should you replace an EPA with an LPA?
If the donor retains mental capacity, making a new Lasting Power of Attorney is almost always advisable:
- An LPA for Health and Welfare fills the gap the EPA leaves
- LPAs are more familiar to banks, care homes, and the NHS — fewer delays
- The MCA 2005 framework provides clearer guidance and stronger safeguards for attorneys
- LPAs can be registered immediately and verified online by third parties
Making a new LPA does not automatically revoke the EPA — they can coexist. If the donor wishes to cancel the EPA on making the LPA, a formal revocation document should be prepared and a copy sent to the OPG. However, revocation of the EPA is usually unnecessary if the LPA covers the same (and broader) ground.
Frequently asked questions
Are old Enduring Powers of Attorney still valid in England and Wales?
Yes — Enduring Powers of Attorney made before 1 October 2007 (when the Mental Capacity Act 2005 came into force and LPAs replaced EPAs) remain valid in England and Wales, provided: (1) the EPA was validly executed at the time; and (2) if the donor has since lost capacity, the EPA was registered with the Office of the Public Guardian before or during incapacity. An EPA that has never been registered is not invalid — it can still be registered at any time, including after the donor loses capacity (this is when registration became mandatory). No new EPAs can be made after 1 October 2007; only LPAs are available for new arrangements.
What did an Enduring Power of Attorney cover?
An EPA gave authority over the donor's property and financial affairs only — there was no equivalent of the Health and Welfare LPA. The EPA covered: managing bank accounts; dealing with investments; paying bills; buying and selling property; managing a business. EPAs did not cover personal welfare decisions (medical treatment, care arrangements, where to live). This is a significant gap compared to modern LPAs. A donor who has only an EPA has no attorney for health and welfare decisions — a Court of Protection deputyship would be needed if they lose capacity for those decisions.
When did Enduring Powers of Attorney have to be registered?
Under the Enduring Powers of Attorney Act 1985, registration was required when the attorney had reason to believe the donor was becoming mentally incapable. Registration was (and still is) made with the Office of the Public Guardian (formerly the Public Guardianship Office). The donor had to be notified and certain family members also had to be notified before registration. If the donor had capacity when the EPA was made, the attorney could use it immediately without registration — but as capacity declined, they had to apply to register. An unregistered EPA used after the donor has lost capacity is void.
How is an Enduring Power of Attorney registered in 2026?
To register an existing EPA with the OPG: (1) Complete form EP2PG (application to register an EPA). (2) Notify the donor and at least three relatives in the prescribed order (EP1PG notice). (3) Send the original EPA document, completed EP2PG, evidence of notification, and the £82 registration fee to the OPG. (4) The OPG checks the EPA is valid and registers it — issuing a stamped copy. Processing takes several weeks. If the donor objects to registration, the Court of Protection decides whether to proceed. Once registered, the EPA is valid for use when the donor lacks relevant capacity.
Should I replace an old EPA with a new LPA?
If the donor still has capacity, yes — seriously consider making a Lasting Power of Attorney to replace the EPA. Reasons: (1) An EPA covers property and finances only; an LPA can also cover health and welfare. (2) The MCA 2005 framework that governs LPAs gives stronger safeguards and clearer guidance for attorneys. (3) An LPA can be registered immediately and is ready to use; an EPA may face registration delays or challenges. (4) Banks and other institutions increasingly prefer LPAs over EPAs and may query or delay acceptance of older documents. The EPA does not need to be revoked before making an LPA — both can coexist, though the LPA will effectively supersede the EPA for post-LPA matters.
What if the EPA was lost or is not registered and the donor now lacks capacity?
If the EPA document has been lost: the OPG may be able to help trace a previously registered EPA. An original unregistered EPA that is now lost cannot be registered without the original document. If an EPA was made but never registered and the donor now lacks capacity: it is too late to make a new LPA (capacity is required). The options are: (1) find the original EPA and register it; or (2) apply to the Court of Protection for a deputyship order authorising someone to manage the donor's affairs. A deputyship takes 6–12 months and costs £2,000–£5,000+ — again reinforcing why planning ahead is essential.
Upgrade from an EPA to a full LPA
If you or a family member has an old EPA, add a Health and Welfare LPA now while you still can. WillSafe’s LPA Guidance Pack covers both types — Property & Financial Affairs and Health & Welfare.
Get the LPA Guidance Pack →Related guides
- What is a Lasting Power of Attorney?
- Property and Financial Affairs LPA — full guide
- Health and Welfare LPA — full guide
- LPA and the Mental Capacity Act 2005
- Making an LPA after a dementia diagnosis