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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Enduring Powers of Attorney (EPA) registration
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We were very pleased with the process overall.The solicitor we were allocated seemed personable and well informed. Our meetings were held in a large and quiet room which we found helpful. Emily Spencer was very thorough in explaining the basics but also in pointing out possible pitfalls and outcomes, some of which we had not considered. The outline of the will was drafted relatively quickly. From that point it was easy to pass on missing information and clarify details via emails. We received the draft copies in the run up to Christmas and I asked if it possibly could be finalised quickly as we were going away. Our meeting to sign the completed will was the day before our departure and once again conducted efficiently and professionally as might be expected.I can recommend this company, particularly to people in the LS8 area who like the personal approach in an easily accessible location.
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All the staff were great. Very polite and courteous. Monika dealt with our requests in a very friendly, efficient manner and was always professional. We will use Winston Solicitors services again if need to in the future.Winston Solicitors were recommended to us by a family member and we will gladly recommend them to others
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Will service was excellent, Emily was very helpful and clear.
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Emily at Winston Solicitors was very helpful and totally professional when I recently updated my will with her making it a smooth, efficient, uncomplicated experience for me. I would fully recommend them for this service.
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We found Emily very knowledgeable and gave us good advice. The whole process was made as easy as possible in a concise manner. Thankyou.
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Meeting was very relaxed and reassuring. Emily answered all my questions and explained the legal jargon in simple terms.
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