What if I have an Enduring Power of Attorney?

The Mental Capacity Act replaces Enduring Powers of Attorney (EPA) with a new and different type of power of attorney called a Lasting Power of Attorney (LPA). This means that you cannot make any changes to an existing EPA or make a new one.

However if you have an unregistered EPA that was made before 1st October 2007, it can still be used and your Attorney will still need to register it with the OPG if they have reason to believe you are, or are becoming, mentally incapable in the future.

You can also make an LPA to run alongside an EPA if you wish. For example you may have an existing EPA that makes provision for decisions about your property and affairs, and decide to make a Health and Welfare LPA to run alongside that, to provide for decisions concerning your healthcare and welfare.

You can download a registration pack from the registering a Lasting or Enduring Power of Attorney section of our website. This pack will contain all the forms and guidance you need to register an EPA.

Revoking (cancelling) an existing EPA

You may also consider replacing your unregistered EPA with a Property and Financial Affairs LPA.  You can revoke an unregistered EPA at any time whilst you have the mental capacity to do so. However, if the EPA has been registered, it cannot be revoked except by permission of the Court of Protection.

The best way to revoke an unregistered EPA is to sign a formal document (called a 'Deed of Revocation'). You may wish to seek legal advice for assistance with this.

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