Registration of existing Enduring Powers of Attorney (EPA)

Registered 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.

For help with EPAs, call us on 0113 320 5000

When Does it Become a Registered EPA?

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.

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How to Get a Registered EPA

How do you register an EPA?

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

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

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 wills&probate@winstonsolicitors.co.uk.

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

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Client feedback

Found Emily to be very Professional, whilst keeping things Personal. I was clear on what I wanted and she took time to ensure that it truly was my what I wanted and not running away with my thoughts. She gave me space to think and BE SURE. On day of signing I felt so comfortable with all my decisions and have not worried. The peace I have is real. Thank you Emily. For both your Professionalism and Personal care.
Sylvia
Monika was highly personable and straightforward to deal with, I would certainly use her again.
Anonymous
We were put in touch with Winston Solicitors and Emily was appointed to our case in relation to the LPAs. She was very thorough and professional, and explained everything in a manner that was easy to understand.I have no hesitation in recommending Winston Solicitors.
Lennie
I dealt with Emily at Winston Solicitors. She helped sort out a deed of variation to amend my mothers Will so that her shares in the business passed on to a Trust which helped benefit my four children. She was very effecient, quick to reply and overall a 10 out of 10 experience. I have dealth with many solicitors in the past but Winston are by far the best company I have dealt over the years...they gave a fixed price and were very helpful/professional. Would recommend to anyone!
Bradley
A very kind and friendly atmosphere, no improvement needed. At a very sad time in my life all the staff where kind and understanding. Many thanks to all.
A Campbell., Leeds
Brilliant service and staff are friendly and helpful
Adrian
I recently instructed Winston Solicitors to obtain Grant Of Probate on my behalf, as the sole executor of a will.Emily was very helpful & efficient & the whole process was completed in a very timely manner.I would definately use Winston Solicitors in the future.
Anonymous
Excellent service and advice from Emily in preparing our updated wills and LPAsExtremely helpful and efficient John
John

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