What Happens to Existing Enduring Powers of Attorney?

Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed 16 March 2026

If you have an old Enduring Power of Attorney gathering dust in a drawer, you may be wondering whether it still counts for anything. The answer is yes — EPAs created before 1 October 2007 remain valid, even though Lasting Powers of Attorney have replaced them for new applications. But there are gaps in what an EPA covers and some practical steps you should consider. This guide explains everything you need to know.

Are Existing EPAs Still Valid?

Yes, EPAs that were properly created and signed before 1 October 2007 remain valid and can still be used. The introduction of Lasting Powers of Attorney did not invalidate existing EPAs. If you have a valid EPA, it continues to give your attorney the power to manage your property and financial affairs.

However, no new EPAs can be created. Since October 2007, anyone wishing to appoint an attorney must use the LPA system instead. If you do not already have an EPA, you will need to create a Lasting Power of Attorney.

One crucial limitation: EPAs only cover property and financial affairs. They do not cover health and welfare decisions. If you want someone to make health and care decisions on your behalf, you will need a Health and Welfare LPA regardless of whether you have an EPA.

Registering an Existing EPA

Unlike an LPA, an EPA does not need to be registered with the Office of the Public Guardian (OPG) before it can be used. An unregistered EPA can be used while the donor still has mental capacity. However, there is a crucial requirement: if the donor starts to lose mental capacity, the attorney must register the EPA with the OPG before continuing to act.

The registration process for an EPA involves:

• The attorney completing an application to register the EPA with the OPG
• Notifying the donor in writing that the application is being made
• Notifying at least three of the donor's relatives (as specified in the EPA legislation)
• Paying the registration fee (currently £92)
• Waiting for the OPG to process the application, which can take up to 10 weeks

During the registration period, the attorney can continue to act on the donor's behalf for essential matters, but they cannot make gifts or carry out certain other actions until registration is complete. The OPG will check the application and may raise queries before completing the registration.

How EPAs and LPAs Differ in Practice

While EPAs and LPAs serve a similar purpose for financial matters, there are significant differences between the two documents:

• Scope: EPAs cover only property and financial affairs. LPAs come in two types — one for property and financial affairs, and one for health and welfare.
• Registration: EPAs only need to be registered when the donor starts to lose capacity. LPAs must be registered before they can be used at all.
• Safeguards: LPAs have more built-in safeguards, including the requirement for a certificate provider to confirm the donor understands the document and is not being pressured.
• Named persons: LPAs allow the donor to name "people to notify" who are informed when the LPA is registered, providing an additional layer of protection.
• Preferences and instructions: LPAs allow the donor to include detailed preferences and binding instructions about how the attorney should act.

Should You Replace an EPA With an LPA?

This is one of the most common questions people ask about EPAs, and the answer depends on your individual circumstances. Here are some factors to consider:

Reasons to keep your EPA:

• It is already registered and working well
• The attorneys named are still appropriate and willing to act
• You are satisfied with the scope of the EPA's powers
• You want to avoid the cost of creating a new LPA

Reasons to replace your EPA with an LPA:

• You need health and welfare coverage (an EPA cannot provide this)
• You want to change your attorneys
• You want to add specific preferences or instructions
• You want the additional safeguards that LPAs provide
• You want to name replacement attorneys (EPAs have limited provisions for this)
• Your EPA document is damaged, lost, or unclear

For many people, the best approach is to keep an existing, valid EPA for financial matters but also create a Health and Welfare LPA to cover health and care decisions. This gives comprehensive coverage without the need to replace a working document. To understand the difference between the two types of LPA, see our detailed guide.

Lost or Damaged EPA: What Are Your Options?

If your EPA has been lost or damaged, the situation depends on whether it was registered. If the EPA was registered with the OPG, you can request a certified copy from them. The OPG keeps records of all registered EPAs and can provide replacement documents.

If the EPA was never registered and the original document has been lost, the position is more difficult. An unregistered EPA that has been lost may be difficult or impossible to replace. In this situation, it may be necessary to create a new LPA instead, provided the donor still has mental capacity to do so.

If the donor has already lost capacity and the EPA is lost, an application to the Court of Protection for a deputyship order may be the only option. This is yet another reason why it is important to keep legal documents stored safely and to register them promptly.

What Should You Do With Your Existing EPA?

If you have an existing EPA, now is a good time to review it. Are the attorneys named still appropriate and willing to act? Do you need health and welfare coverage? Is the document safely stored? If you decide to create an LPA to complement or replace your EPA, the process is straightforward and can be done online. You should also consider whether you have a valid will in place — our guide on whether you need both a will and an LPA explains why both documents are essential.

People Often Ask

This guide was last reviewed and updated on 16 March 2026. Information is based on current legislation and OPG guidance for England and Wales.

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