EPAs vs LPAs: Why you should consider updating your EPA

Over the years, the documents and processes around registering powers of attorney have changed. Our wills, trusts & probate experts explore ‘EPAs vs LPAs’, and why updating yours may prove beneficial.

If you created an enduring power of attorney (EPA) before October 2007, it is worth reviewing to see whether or not it still meets your needs. While EPAs remain legally valid, they are sometimes limited in scope and flexibility compared to the modern lasting power of attorney (LPA). Here’s what you need to know.

EPAs vs LPAs: What’s the difference?

EPAs were replaced by LPAs on 1 October 2007. EPAs only cover property and financial affairs. They can be used prior to registration if there are no restrictions in the document, or only once registered if there is a restriction preventing use before then. An attorney is duty bound to register an EPA if they believe that the donor is losing or has lost mental capacity.

LPAs, on the other hand, offer two types:

• Property & financial affairs LPA – similar to an EPA but more flexible
• Health & welfare LPA – allows decisions about care, medical treatment, and living arrangements.

Why update to an LPA?

Even though your EPA is still valid, there are several reasons to consider switching:

• Broader coverage: LPAs include health and welfare decisions
• Modern recognition: LPAs are more widely understood and accepted by banks, care providers, and other institutions
• Greater flexibility: LPAs allow you to specify preferences and instructions, and they can be tailored to your specific circumstances and needs
• Offer greater safeguards: including the requirement for a certificate provider to confirm the donor’s understanding of the documents and lack of coercion
• Replacement attorneys: LPAs allow you to appoint replacement attorneys in the event that your original attorney(s) are unable or unwilling to act.

Updating your EPA to an LPA is a proactive step that ensures your wishes are respected and your affairs are managed smoothly. It’s especially important if you want to include health and welfare decisions, or if your circumstances have changed since your EPA was created.

If you’re unsure whether your EPA is still suitable, or you’d like help setting up an LPA, we would be happy to meet with you to discuss your needs.

Our Legal 500-rated wills, trusts & probate team has the expertise to help you plan for the future and guide you through any difficult challenges that may arise, including those relating to LPAs.