Registration of existing Enduring Powers of Attorney (EPA)

What is an Enduring Power of Attorney (EPA)?

An EPA is a legal document where you (the donor) appoints a person or people (your attorneys) to make decisions regarding your property and financial affairs if you are unable to do so due to a lack of mental capacity.

When does an EPA need to be registered?

The attorneys must register an EPA if the donor is losing mental capacity or has lost mental capacity.

How do you register an EPA?

There is a three-stage process for registering an EPA, which is:

Inform the donor, their family members, and all attorneys that you intend to register the EPA.
Complete the application to register the EPA.
Send the application, original EPA document and fee to the Office of Public Guardian to be registered.

For help with EPAs, call us on 0113 320 5000

Does an EPA cover decisions about my health and care?
Can you amend an Enduring Power of Attorney?
Can I set up a new EPA?
Is my Enduring power of attorney still legal?
Can enduring powers of attorneys be revoked?

Does an EPA cover decisions about my health and care?

No, EPAs only cover property and financial affairs decisions.

Can you amend or update an EPA?

No, EPAs cannot be amended or updated. If you have an unregistered EPA and you would like it to be changed, then you will need to consider doing a Lasting Power of Attorney (LPA) instead.

Can I set up a new EPA?

No, the Mental Capacity Act 2005 changed the power of attorney regime - since October 2007, a new EPA cannot be made but you can make a Lasting Powers of Attorney.

If you do not have an EPA or LPA, it may mean that your loved ones will have to apply for a deputyship order for you if you lose mental capacity.

Is my EPA still legal?

An EPA is legal and can be used when you still have mental capacity (if you give consent to your attorneys) and when you lose mental capacity (once it has been registered). Even though since October 2007 you have not been able to create new EPAs, that does not affect the legality of those created before that time.

Can EPAs be cancelled/revoked?

If you have capacity and your EPA has not been registered, you can cancel the EPA by signing a deed of revocation. You and a witness must sign the deed of revocation and inform the attorney(s) that you are cancelling the document. If an EPA has been registered, you can apply to the Court of Protection to cancel the EPA. There is a court fee for this and it is currently £371 (February 2023).

To discuss your personal circumstances, please call us on 0113 320 5000

To discuss your personal circumstances, enquire about making an appointment please call us on 0113 320 5000 or email @email.

NB: timescales and fees are subject to change – please ask for details.

Client feedback

I found the process easy to follow and was clearly informed of progress at all stages. - February 2025

K O'Connor, Leeds

Emily Spencer is a delightful lady very professional efficient and easy to talk to. She has managed my will writing and rewriting with ease and charm

Linda

Very straightforward. Clear in their explanations.

Peter

MOST IMPRESSED WITH THIS LOCAL LAW FIRM,WILL CONTINUE TO USE THEM WHEN THE NEED ARISES.MONIKA WAS BOTH RELATABLE AND PROFESSIONAL.

Harvey

Monika couldn’t have been more helpful from start to finish. We were writing a will after our first baby came in April and everything was explained incredibly well including the difficult eventualities of will writing.

Henry

We used Winstons for a house purchase and will writing in 2024 and would definately recommend.Emily was especially helpful in will writing answering all questions, making sure we understood the details and that we were comfortable with the end product.

Anne

We engaged Winston Solicitors to write a pair of mirror wills under the Will Aid Scheme. All communications were professional and friendly from the outset. The client executive who wrote our wills, Emily Spencer, was effient and thorough. She was very thorough in ensuring she understood our particular circumstances, helped us to consider potential scenarios to plan for and explained legal terminology where needed. We were very happy with the service provided and would recommend to others.

Cassandra

I have used Winston Solicitors to write up a Will and deal with Probate. The Solicitors are very helpful and guided me through the process with easeAlways there to answer questions and nothing is too much trouble I have recommended them to my family and friends

Michael