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.

winston-solicitors-registered-epa.jpg

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.

WillsWillsCodicilsLife interest trustWhy you need a willWill Plan
Lasting Power of Attorney (LPA)Lasting Power of Attorney (LPA)Business LPA - Protecting Your Business InterestsWhy you need an LPAHow to register an LPAWhen is an LPA useful?Why plan ahead with an LPA?Health and welfare LPAMental Capacity Act 2005
Enduring Powers of Attorney (EPA) registration
DeputyshipsDeputyshipsWho can apply to be a deputy and what are their responsibilities?How to become a deputy and what happens after you are a deputy
Lifetime planningTrustsInheritance TaxProtecting assets against care home feesLife interest trust
ProbateProbateWhat Is a Grant of Probate?What if someone dies without a will?Deed of VariationInheritance tax
Case studiesAll case studiesPersonal Welfare Deputyship Order to Protect a Vulnerable Adult from Inadequate Care
Useful resourcesWhat to Do When Someone DiesDocument storageProfessional Executors, Attorneys, Deputies and TrusteesCommon QuestionsGlossary
Meet the team
In this section

Client feedback

Emily SPENCER gave me a helpful and timely and efficient update of my will, problem free.
David
The work was done in a timely & professional manner
Anonymous
Emily Spencer helped us review & redraft our wills. From start to finish Emily was very efficient and helpful. She explained legal issues. Very clearly for us. We would highly recommend her.Many thanksLouise Elliott
Louise
Aged 91 I needed to rewrite my will and transfer my affairs from a city-centre solicitor to one more accessible for myself and my executors. Winston proved an ideal choice. Emily was most helpful and efficient with the will, and I am confident that my estate will be dealt with just as well.
David
I recently had my will written by Winston's Solicitors, and I couldn't be happier with the experience. From my very first contact with the firm, every member of staff was professional, courteous, and attentive to my needs.The solicitor who handled my will took the time to explain everything clearly, making sure I understood each part of the process and felt confident in the decisions I was making. There was no rushing or jargon — just clear, patient guidance through what can often feel like a daunting task.What stood out most was the consistent professionalism across the entire team, from initial enquiry to the final signing. It's clear that client care is a genuine priority at this firm, not just a tagline.I'd happily recommend Winston's Solicitors to anyone looking for a trustworthy, knowledgeable, and professional team to handle their will or other legal matters. Thank you for making the process so straightforward and stress-free.
Richard
We are very grateful to Winston Solicitors for their help in sorting out matters relating to a Last Will and Testament along with a Family Trust. As this was not a straightforward matter, we had no idea where to begin but, thanks to Monika Volsing and her team, this has now been completed. It has taken a good few months but Monika has been there to explain and carry out every step that needed to be undertaken. There is no way we could have done this without Winston Solicitors and I cannot recommend them highly enough
Lynne
Emily provided very clear advice and was extremely professional, proactive and efficient.
Philippa
Very helpful and informative covered all points and possibilities to my total satisfaction.
Ronnie

Latest news

Resources

Contact us