Do You Still Have the Right Protection?
Understanding Enduring Powers of Attorney and Why You May Need an Update
I often speak to clients who tell me, “It’s okay, I sorted a Power of Attorney years ago.” But when we look at the paperwork, it turns out they’ve got an Enduring Power of Attorney (EPA) - and in many cases, it may not give them the protection they need today.
What Is an Enduring Power of Attorney (EPA)?
An EPA is a legal document that lets you appoint someone you trust to manage your financial affairs if you become unable to do so yourself. EPAs were replaced by Lasting Powers of Attorney (LPAs) in October 2007, but if you made an EPA before that date, it may still be valid - for financial decisions only.
However, there are important things to be aware of.
What an EPA Covers - And What It Doesn’t
✅ Your EPA may still allow your chosen attorney to manage property, bank accounts, and other financial matters if you lose mental capacity.
⚠️ But an EPA does not cover decisions about your health and welfare - for example:
· Where you live or receive care
· What medical treatment you have
· Day-to-day welfare decisions
If you don’t have a Health and Welfare LPA, no one automatically has the legal authority to make these decisions for you - not even your spouse, children, or close family.
Does Your EPA Still Reflect Your Wishes?
Another common issue is that EPAs set up many years ago may no longer reflect your situation:
· Relationships change
· People move away or pass away
· You may no longer want the same person managing your affairs
It’s always worth reviewing your documents to make sure they’re still right for you.
Why Consider a Lasting Power of Attorney (LPA)?
An LPA offers more comprehensive protection, with two separate documents:
· Property and Financial Affairs LPA – Covers financial decisions, just like an EPA, but allows for more flexibility and clear legal safeguards.
· Health and Welfare LPA – Lets you appoint someone to make personal and medical decisions if you lose capacity.
Having both in place ensures the people you trust can help you - no matter what life throws your way.
Not Sure What You Have? I’m Here to Help.
If you’re unsure whether your EPA is still valid, or whether an LPA would better protect you and your loved ones, I’d be happy to review your documents and explain your options in plain English.
It doesn’t take long - but it can make all the difference.
📞 Call: 0115 824 4960
📧 Email: hannah@hannahhowesolicitor.co.uk
