Taylor Fordyce Articles

Enduring and Lasting Powers of Attorney - what's the difference?

April 2013

They are both intended to enable a person (the donor) to appoint another person (the attorney) to look after his affairs if the donor becomes mentally incapable.

Since 1 October 2007 you can no longer make Enduring Power of Attorney (EPA). EPAs made before that date are still valid, but an attorney must register an EPA when the donor is beginning to lose mental capacity. The donor, as well as other family members, will need to be notified that this is taking place.

EPAs were replaced by the Lasting Power of Attorney (LPA) form on 1st October 2007. There are two types of LPA, one allows the attorney to deal with the donor’s health and welfare, and the other empowers the attorney to deal with the donor’s property and financial affairs. LPAs can only be used by the donor’s attorney after they are registered with the Office of the Public Guardian.