Enduring Power of Attorney Wales — Is Your Old EPA Still Valid?

EPAs Were Replaced — But Not Invalidated

Before 1 October 2007, the legal mechanism for giving someone authority over your financial affairs was called an Enduring Power of Attorney (EPA). When the Mental Capacity Act 2005 came into force, EPAs were replaced by Lasting Powers of Attorney (LPAs).

The critical point: no new EPAs can be created, but EPAs that were properly signed before October 2007 remain legally valid. If your parent signed one 20 years ago, it still works — provided it meets the original legal requirements and is registered at the right time.

How EPAs Differ from LPAs

EPAs were simpler and narrower than modern LPAs:

• Financial matters only. EPAs cover property and financial affairs. There was no equivalent for health and welfare decisions — that is a new concept introduced by LPAs.
• No certificate provider. EPAs did not require an independent certificate provider to verify the donor's understanding.
• Registration timing is different. An unregistered EPA can be used immediately (with the donor's consent) while they have capacity. But when the donor loses mental capacity, the attorney has a legal duty to register the EPA with the OPG before starting or continuing to act. Registration requires an OPG fee and involves notifying certain family members.

Should You Register It Now?

If the EPA has never been registered, the attorney can continue using it with the donor's consent as long as the donor retains capacity. If the donor loses mental capacity, the attorney must register the EPA with the OPG before starting or continuing to use it.

The registration process involves:

1. Notifying the donor in writing (form EP1PG)
2. Notifying at least three of the donor's closest relatives (form EP3PG)
3. Submitting the original EPA, form EP2PG, and the required registration fee to the OPG
4. Waiting for a 5-week objection period

The donor's loss of capacity is the reason registration becomes necessary, not by itself a reason to treat a properly executed EPA as invalid. If the timing or validity of an old EPA is disputed, seek specialist advice about the OPG registration route.

When to Replace an EPA with an LPA

An EPA only covers financial matters. If the donor wants someone to make healthcare and welfare decisions on their behalf, they need a separate Health and Welfare LPA (form LP1H). An EPA cannot be amended or extended to cover health decisions.

Other reasons to consider replacing an old EPA with a modern LPA:

• The original attorneys are no longer suitable (deceased, estranged, or unwilling)
• The donor wants to add replacement attorneys (EPAs did not have this concept)
• The donor wants to add preferences or instructions about how their finances should be managed
• Banks and financial institutions are more familiar with LPAs and sometimes create friction when presented with an EPA

Replacing an EPA does not invalidate it automatically. The donor must formally revoke the EPA (while they still have capacity) before creating the new LPA. Having both in circulation simultaneously creates confusion and potential legal challenges.

Checking an Old EPA

If you are unsure whether a parent's old EPA is valid, check for:

• The document was signed before 1 October 2007
• It was signed by the donor and at least one attorney
• It was witnessed (though EPA witnessing rules were less strict than current LPA requirements)
• The donor had capacity at the time of signing

The Wales Capacity Protection Toolkit covers both the EPA registration process and the transition to modern LPAs, including a comparison of what each document permits.

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