Enduring power of attorney

An enduring power of attorney (EPA) under English law is a legal authorisation to act on someone else's behalf in legal and financial matters which (unlike other kinds of power of attorney) can continue in force after the person granting it loses mental capacity, and so can be used to manage the affairs of people who have lost the ability to deal with their own affairs, without the need to apply to the Court of Protection. EPA's were created by the Enduring Powers of Attorney Act 1985. On 1 October 2007 the EPA was replaced by the two forms of lasting power of attorney (LPA), and no new EPAs can now be drawn up; however, one signed before that date remains valid and may still be registered with the Office of the Public Guardian, which is required if the donor loses mental capacity. Unlike an LPA, an EPA can be used without registration for so long as the donor has mental capacity.

An EPA gives the person appointed as attorney the power to dispose of property, deal with financial affairs, sign documents and make purchases on behalf of the individual and make usual gifts. The attorney does not have the power to make substantial or unusual gifts, or make decisions about personal care and welfare.

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