By Isobel Fensome

Solicitor

28 January 2026

Blog News

Powers of Attorney are a useful tool to give your family or friends the ability to advocate for you during your lifetime if you cannot do so yourself.

Capacity can be lost at any age, and it is important to consider making a Power of Attorney to appoint trusted individuals to assist you. If you lose capacity and do not have a Power of Attorney in place, the individuals who wish to support you will need to make costly and lengthy Deputyship applications, and there is no guarantee that the persons who are granted Deputyship will be the same individuals you would have chosen to act for you.

Enduring Powers of Attorney

An Enduring Power of Attorney (EPA) enabled you to appoint somebody to manage your property and financial affairs during your lifetime and if you had lost capacity.

Many people created EPAs prior to their replacement by Lasting Powers of Attorney (LPAs).  Whilst EPAs made before October 2007 remain valid and can still be used, they do present disadvantages compared to their updated counterpart.

Subject to restrictions which are incorporated into some EPAs, an EPA can be used as soon as it is created and you can instruct your attorney(s) to deal with aspects of your finances on your behalf whilst you have capacity, such as accessing your bank account on your behalf whilst you are abroad. However, if you lose capacity, your attorneys will not be able to continue to use the EPA until they have registered it with the Office of the Public Guardian. It is not possible to register the EPA while you still have mental capacity.   

The registration process typically involves notifying at least three relatives (of the person who made the EPA) of the intention to register the EPA and, provided none of them object, applying to the Office of the Public Guardian. Whilst this may be a simple process where there are sufficient family members, it may be more complex where relatives are estranged or have passed away. This registration process creates a period during which you are no longer able to make decisions yourself (as you have lost mental capacity), and your attorneys cannot make decisions on your behalf, which can cause issues if there are urgent matters to be dealt with. At present, the Office of the Public Guardian estimates registration to take 8-10 weeks from the date of the application.

Although an EPA is still valid for use, you may wish to consider replacing it with an LPA to avoid the delay and associated issues with registering the EPA at the point where capacity is lost.

Lasting Powers of Attorney

The key difference between an EPA and an LPA for Property and Financial Affairs is that the LPA can be registered immediately after it has been created, whilst you still have capacity, to ensure your attorneys can use it regardless of any future changes to your capacity. This avoids any delay which would typically be associated with the registration of an EPA after capacity has been lost.

A further difference is the matters an LPA can deal with as there are two types of LPA which can be created: Property and Financial Affairs & Health and Welfare.

An LPA for Property and Financial Affairs is of a similar nature to an EPA, allowing you to choose whether your attorneys can act whilst you have capacity, or only if you have lost capacity. This type of LPA would enable your attorneys to deal with matters including buying or selling property, operating bank accounts and dealing with tax affairs. 

An LPA for Health and Welfare can enable your attorneys to voice your preferences regarding medical matters, choose where you should live (such as a residential home) and manage your day-to-day care. This can only be used if you lose capacity. Enduring Powers of Attorney cannot be used to make decisions relating to Health and Welfare matters.

The powers you give to your attorneys under an LPA can be limited in various ways, such as only appointing an attorney to act where they are still married to your child or restricting your attorneys from making decisions about life-sustaining treatment.

General Powers of Attorney

If you choose to allow your attorneys to use your property and financial affairs LPA whilst you have capacity, they will only be able to act once the LPA is registered.

If you have urgent matters you would like your attorneys to deal with while your LPA is being registered, you could consider making an General Power of Attorney, which enables your attorney to act on your behalf, but can only remain in place whilst you have capacity.

Usually, a general power of attorney is not required while you are registering your LPA as you can continue to manage your own affairs,  and are typically created for commercial transactions. However, they are an option where immediate use of powers is required.   

If you have any questions regarding Powers of Attorney or would like to discuss any other aspects of this article, please do not hesitate to contact our Wills, IHT, Trusts & Probate team.

Disclaimer: General Information Provided Only
Please note that the contents of this article are intended solely for general information purposes and should not be considered as legal advice. We cannot be held responsible for any loss resulting from actions or inactions taken based on this article.