Do I Need An LPA If I Have An EPA?

Writing a Will is something we should all consider doing at some point in our lives. A Will is a legal document explaining your last wishes and can include who you would like to leave your assets to, what your funeral arrangements should be and also perhaps setting up trusts for loved ones to ensure their financial security, or instructions to leave something to your favourite charity. However, further consideration should be given to what happens to your affairs if you are debilitated in some capacity. In this article, do I need an LPA if I have an EPA, we take a look at these issues in more depth and describe the mechanics involved.

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For a free initial discussion on how we can help you create your Will and set up a Lasting Power of Attorney, get in touch with us today. We will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure your wishes are accurately recorded and also avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or complete our online enquiry form and a member of the team will get back to you.

What is an Enduring Power of Attorney (EPA)?

An enduring power of attorney (EPA) is what preceded the lasting power of attorney (LPA) before they came into existence on the 1st of October 2007. An enduring power of attorney would formerly have been created when an individual wished to appoint another person to act on their behalf with regards to the donor’s (the person creating the enduring power of attorney) property and financial affairs.

If you have already created an enduring power of attorney, it is worth noting that if it was created before the 1st of October 2007, it will still be effective and valid.

What is a Lasting Power of Attorney?

Unlike an enduring power of attorney (EPA), there are two types of LPA which offer much more flexibility in their application and use. The first type is a health and welfare LPA. This deals with your health and welfare decisions and can only be used after you have lost the ability to make your own decisions, which is also known as ‘losing your mental capacity’.

The second type is similar to how an enduring power of attorney works and deals with any property you own as well as your financial affairs. This can be used before or after someone loses their mental capacity.

In both cases, it’s important to remember that an LPA is for use during your lifetime as and when you need it, it is not for use after death. In the event of death, an LPA is superseded by your Will (another document that everyone should have in place).

What’s the difference between an EPA and an LPA?

There are a number of differences between an EPA and an LPA.

An LPA offers increased flexibility for the donor, as an LPA can cover health and welfare as well as property and financial affairs. However, there are noteworthy differences.

Under an EPA the regulations are much more stringent for elements such as who may be appointed as an attorney if you fall ill or lose your capacity. EPAs only allow one attorney to be appointed or where multiple attorneys are selected, they would all have to act together. This can cause complications if the person appointed becomes ill or loses capacity themselves. Additionally, if your attorneys become unable to act under an EPA it becomes invalid as there is no one to replace them.

An LPA is much more flexible and offers greater protection as you can appoint replacement attorneys. This is particularly useful if your original attorney or attorneys become unable to act. LPAs also have the option to allow a donor to register the LPA immediately.

However, for individuals who have an EPA in place, they may be more restricted. This is due to the fact that an EPA can only be registered by an attorney once a person has started to lose capacity.  So if the donor stipulates that the EPA may only be registered once they lose mental capacity, but their physical health deteriorates to the point where they need their attorney to act on their behalf, the situation can become very complex as the EPA does not allow, in this instance, for the EPA to come into force.

LPAs are more ‘secure’ as you have to have a certificate provider who signs the document to confirm that the person making the LPA understands the power they are giving and is not subject to any undue influence or pressure.

Do I need an LPA if I have an EPA?

Enduring powers of attorney (EPAs) were replaced by lasting powers of attorney (LPAs) from October 2007. EPAs made before that are still valid and you do not have to convert them to an LPA unless you want to. However, you may wish to replace it with a more flexible LPA.

How we can help

We have a proven track-record of helping clients draft their Wills and advise upon Powers of Attorney. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.

How to Contact our Wills and Probate Solicitors

It is important for you to be well informed about the issues and possible implications of writing your Will and setting up a Lasting Power of Attorney. However, expert legal support is crucial in terms of ensuring your final wishes are met as you would want them to be.

To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or allow a member of the team to get back to you by filling in our online enquiry form. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.

Authored by Ben Posted in News, Private Client Tagged as