

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 This superseded the older rights, but EPAs do remain in effect.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:
- 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.
- 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.
- 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.
- 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.
- 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.
The Importance of Planning Ahead: Setting Up a Power of Attorney
One of the most important steps in preparing for the future is setting up a Power of Attorney (POA). Whether you choose an Enduring Power of Attorney (EPA) or a Lasting Power of Attorney (LPA), these legal documents grant someone you trust the authority to make decisions on your behalf should you lose the ability to do so. In areas like Darlington or Middlesbrough, where community connections and family bonds are central to life, having a Power of Attorney in place can ensure that your wishes are respected and your affairs are managed properly.
While both types of POA serve similar purposes, understanding the distinctions between them is crucial. As you plan for the future, it’s essential to consider your mental health and the potential need for decision-making assistance. At Complete Estate Protection, we guide you through the process of setting up an LPA or determining if converting your EPA into an LPA makes sense for your situation. Planning ahead in this way allows you to remain in control of your affairs, even if you’re unable to make decisions for yourself.
The Role of Local Expertise in Power of Attorney Services
Choosing the right Power of Attorney provider can be overwhelming, especially when faced with the differences between Enduring and Lasting Powers of Attorney. In Darlington, Middlesbrough, and the surrounding areas, it’s crucial to seek professional advice from trusted local experts who understand the nuances of the law and the community’s needs. At Complete Estate Protection, we specialise in providing clarity and guidance on both types of Power of Attorney, helping clients make informed decisions.
For residents in local areas such as Stainsby, Billingham, and Normanby, understanding the local legal landscape is important. Whether you’re seeking to appoint an attorney for financial affairs or health and welfare, having a professional who knows the specific requirements of the region can make all the difference. Our team takes the time to understand your unique circumstances and offers tailored advice on the most appropriate type of Power of Attorney for your needs. With our local expertise, we ensure that your future is in capable hands.
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 info@ceprotection.com. Please click here to learn more about Wills.