Enduring Powers of Attorney (EPAs) are a legacy tool for managing property and financial affairs. While you can’t make a new EPA today—since 1 October 2007, only Lasting Powers of Attorney (LPAs) can be created—many families still rely on EPAs signed before that date. If you or a loved one has an EPA, it remains valid, but there are important rules and safeguards to understand, especially when mental capacity starts to decline.
When and How to Register an EPA
The key difference between an EPA and an LPA is when registration happens. An EPA only needs to be registered when the donor (the person who made the EPA) is becoming or has become mentally incapable of managing their affairs. This is often the moment when family tensions and disputes can surface, as decisions about money and property become more sensitive.
If you’re an attorney under an EPA and believe the donor is losing capacity, you must apply to register the EPA with the Office of the Public Guardian (OPG). This isn’t optional—registration is a legal requirement once capacity is in doubt.
The Registration Process
Trigger: The attorney must act as soon as they believe the donor is or is becoming unable to manage their affairs.
Notices: The OPG will notify the donor and certain relatives. These relatives have the right to object to registration, but only on specific grounds such as fraud, undue pressure, or the attorney being unsuitable.
Before Registration: Attorneys should avoid making major decisions once capacity is in question, except where necessary to prevent loss (for example, paying urgent bills or stopping a direct debit).
Disputes and Safeguards
Family disagreements often arise at the point of registration. Here’s how you can protect the donor and manage conflict:
Accounts and Records: Attorneys should keep clear records—bank statements, receipts, and details of all transactions. If spending seems unusual, relatives can request an independent review.
OPG Action: If you suspect misuse or poor decision-making, report your concerns to the OPG. They can investigate, demand repayment, or apply to the Court of Protection if needed.
Court of Protection: In serious cases, the court can give directions, suspend transactions (such as a home sale), or even remove the attorney and appoint a deputy to manage affairs transparently.
Worked Example
Mr A signed an EPA in 2006, naming his partner as attorney. In 2025, his mental capacity declines and his partner moves to sell the family home quickly. Mr A’s children object during the registration process, citing a conflict of interest and lack of consultation. The court steps in, ordering an interim halt to the sale until independent valuations are obtained and monthly accounts are provided. Ultimately, a panel deputy is appointed to oversee the sale, ensuring everything is done transparently and fairly.
Key Takeaway
With EPAs, registration is the critical control point. If you’re concerned about how an EPA is being used, use the objection process, request OPG investigations, and seek Court of Protection directions to manage disputes and protect the donor’s interests. Keeping clear records and communicating openly can help prevent misunderstandings and ensure everyone’s rights are respected.
Disclaimer: This article is for general information only and does not constitute legal, financial or tax advice. Every estate is different, and outcomes depend on your specific circumstances. Take time to familiarise yourself with the rules and keep your paperwork up to date.