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

A Lasting Power of Attorney (LPA) or Enduring Power of Attorney (EPA) can give you the peace of mind of knowing that, should you become unable to manage your affairs, someone trusted can step in to make decisions on your behalf.

In this blog, we’ll look at the difference between an LPA and an EPA and why it is important to have this type of arrangement in place in case it is ever needed.

What is an Enduring Power of Attorney?

An EPA or Enduring PoA is a legal document signed by an individual authorising one or more attorneys to deal with financial and property matters on their behalf in the event that they lose mental capacity.

An attorney will usually be a relative or spouse. It is also possible to appoint a professional such as a solicitor, if no-one suitable is available.

It is no longer possible to create an EPA as the rules have changed and LPAs have been brought in to replace EPAs. However, if you already have an EPA, it can still be used. As EPAs only cover property and financial matters, you may want to make a health and welfare LPA as well to give your loved ones the authority to make care decisions for you, should this ever be necessary.

An EPA must be registered with the Office of the Public Guardian (OPG) before it is used.

A key difference between Lasting and Enduring Powers of Attorney is that unlike a property and financial affairs LPA, an EPA can only be used if the individual has lost the ability to manage their own affairs.

What is a Lasting Power of Attorney?

LPAs were introduced in October 2007 to replace EPAs. It is possible to make two types of LPA:

• A property and financial affairs LPA
• A health and welfare LPA

You can make one or both types of LPA and choose the same or different attorneys for each. You can appoint up to four attorneys in an LPA, although it is usual to choose one or two. It is a good idea to name a replacement attorney in case your original choice cannot take up the position when the time comes.

If you appoint two attorneys, you will need to decide whether you want them to act jointly so that they both need to approve decisions or solely so that either of them has the authority to deal with matters.

You can specify in the LPA what authority you are giving your attorneys. If you want, you can require them to make bigger decisions jointly, such as deciding where you will live, while smaller matters, such as paying bills, could be dealt with by either of them acting on their own.

If you want, you can allow your attorneys to use a property and financial affairs LPA while you still have full mental capacity. This can be helpful if you need help managing matters or you find it difficult to travel to the bank.

A health and welfare LPA can only be used if you lose the ability to make your own decisions.

An LPA is generally registered as soon as it has been signed so that it is ready to use if it is ever needed. An EPA can be kept without registering it. This has caused problems on occasion if there are errors that are not discovered until the person who signed it, known as the donor, has lost mental capacity. At this point, they will not be able to make or change their EPA.

Why is it important to have a Lasting Power of Attorney?

Without an LPA, no-one has the authority to make decisions on behalf of someone else should they become unable to manage their own affairs. This would mean that nobody could access their bank account to pay bills or make decisions relating to care.

If an individual has neither an LPA nor an EPA, their relatives may need to apply to the Court of Protection (CoP) for a deputyship order. This is a far more complicated and time-consuming process than signing and registering an LPA. In the instance that decisions over healthcare must be made immediately, this would prove a serious problem. It is also more expensive and involves more ongoing fees and supervision for the deputy.

Because the CoP usually takes many months to process a deputyship application, this can leave a family in difficulties in the meantime if decisions need to be made.

By making an LPA, this can be avoided and the individual will have the attorneys of their choice in place to manage their affairs for them.

Can I cancel an Enduring Power of Attorney?

Provided you are still able to make your own decisions, you can cancel your EPA. You should have a deed of revocation drawn up and sign it in the presence of a witness who should also sign and add their name and address.

If the EPA has been registered, then a form cancelling it needs to be sent to the CoP together with their cancellation fee.

If you cancel your EPA, you may want to consider making an LPA to replace it so that you have the security of knowing someone can help you if this is ever needed.

Can I change my Enduring Power of Attorney for a Lasting Power of Attorney?

An EPA cannot be changed, but you can cancel it if you want to make amendments and then replace it with an LPA.

In looking at an EPA vs LPA, an LPA is more flexible and is generally considered to be preferable to an EPA, so putting an LPA in place is often recommended.

You can then consider whether you also want to make a health and welfare LPA as well as a property and financial affairs LPA so that both of these aspects are dealt with.

For information on our LPA services, see our Lasting Power of Attorney Solicitors in Bristol page.

Contact our Lasting Power of Attorney solicitors in Bristol

At Lyons Solicitors, we have expert LPA solicitors in Bristol who can advise you of the implications of making an LPA and guide you through the process. We can help you decide on the right attorneys and ensure that you provide them with the authority you want them to have.

We offer a free first consultation so that you can ask us any questions you may have and discuss the procedure for putting LPAs in place. If you would like more information on the difference between Lasting Power of Attorney and Enduring Power of Attorney, we will be happy to go through this with you.

To book a free initial consultation with our specialist Lasting Power of Attorney solicitors in Chew Magna, Kingswood or Westbury-on-Trym and the wider Bristol area, please get in touch today. You can use the contact details for each office or, alternatively, fill in the enquiry form to request a call back.