Get It Now

Modernist theme

Netus et malesuada fames ac. Eget gravida cum sociis natoque penatibus et magnis.


tel.01642 493101

Acklam Hall, Hall Drive, Middlesbrough TS5 7DY

Asset Trust

What is the difference between enduring and lasting power of attorney?

What is the difference between Enduring and Lasting Power of Attorney?

Both types of Powers of Attorney remain in effect, however you simply can’t apply for “Enduring Power” anymore.

What is a Power of Attorney?

A Power of Attorney is a legal document that gives one person (the attorney) the legal right to manage the affairs of another. As of today, there are two different types:

  • Ordinary Power of Attorney – is temporary, usually covering times of hospitalisation or absence from the country.
  • Lasting Power of Attorney – an LPA tends to come into effect when a person loses mental capacity, giving another person the right to manage their affairs on an ongoing basis.

Prior to changes in law in 2007 instead of Lasting Power of Attorney, roughly similar circumstances and needs were covered by Enduring Power of Attorney.

However, the limitations of Enduring Power saw it being replaced.

What is an Enduring Power of Attorney?

Before 2007, it was possible to set up an Enduring Power of Attorney to give another person the right to make important decisions about your property and financial affairs.

There was a necessity to have mental capacity – the ability to understand the effects of your decisions – before you could sign over the right. However, EPAs often stated that they could only be registered when the donor started to lose that capacity.

This created a grey legal area where a donor needed their solicitor to act because they no longer had mental capacity, but the solicitor was not able to do so because the donor no longer had the mental capacity required to register the EPA.

Addiitonally, EPA did not give a solicitor the right to make medical or well-being decisions on a donor’s behalf. In 2007, changes were made to make this a possibility.

What is a Lasting Power of Attorney?

Lasting Power of Attorney replaced EPA in 2007. This superseded the older rights, but EPAs do remain in effect.

It’s worth noting that LPAs are usually registered in advance and come into effect after a person has lost the mental capacity or desire to make key decisions. They don’t need to be registered at a specific time and then instantly come into force.

An LPA is perfect for someone who knows their mental capacity is likely to deteriorate in coming years and wants to know their affairs will be managed by someone they trust.

The difference between Lasting and Enduring Power of Attorney

The key differences between Lasting and Enduring Powers of Attorney are:

  1. Date of commencement – an EPA came into effect as soon as it was registered. LPAs usually come into effect at the point that the person loses mental capacity in future.
  2. Method of registration – you need or needed to apply to the courts to have an EPA come into effect. An LPA needs to be registered with the Office of the Public Guardian but comes into effect without court action.
  3. Areas of decision making – an EPA covered only financial affairs and property, while there are two different types of LPA, one of which covers health and welfare.
  4. Who can be appointed – an EPA had more precise regulations about who could be given a Power of Attorney. Multiple people could also be appointed, unlike an LPA. An LPA does give someone the right to delegate decisions, however.
  5. Witnessing – an LPA needs to be supported by a qualified witness who confirms that a person no longer has mental capacity before it comes into effect.

Should I convert Enduring Power of Attorney into Lasting Power of Attorney?

There are some limited circumstances where an existing Enduring Power of Attorney might still cover what you need. They’re still valid and you don’t have to convert one into an LPA unless it makes sense to do so.

However, LPAs have many advantages. They’re more flexible, they offer greater protection, and they’re more actionable in that they can be registered immediately and only come into effect after it’s been proven independently that you need it to.

If you’re based near Middlesbrough or Teesside or in the areas of Stainsby, Normanby, Stainton and Billingham or anywhere in the surrounding area, we can assist with power of attorney or trust guidance you may require please contact 01642 493101 or email Please click here to learn more about Wills.