An Enduring Power of Attorney is widely viewed as less flexible and less secure than its replacement product Lasting Power of Attorney. The key differences are shown in the table below:
|ENDURING POWER OF ATTORNEY||LASTING POWER OF ATTORNEY|
|Prescribed information||Prescribed information|
|Donor is||Donor is|
|Attorney is||Attorney is|
|Life Sustaining Treatment|
|Joint or Severally||Joint or Severally|
|Restrictions and Conditions||Restrictions and Conditions|
|Donors signature||Donors signature|
|Attorney’s signature||Attorney’s signature|
Can You Still Use An Enduring Power Of Attorney?
The Mental Capacity Act has replaced the 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 Office of Public Guardian (OPG) if they have reason to believe you are, or are becoming, mentally incapable in the future.
You can also make anto 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 Welfareto run alongside that, to provide for decisions concerning your healthcare and welfare.
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. If you are taking out awith us as a replacement we will help you in this regard.