An Enduring Power of Attorney (EPA) was used before the Lasting Power of Attorney (LPA) was created. Although no new EPAs can be created, any that were put in place before October 1, 2007 are still valid even if they are not registered.
If you have an existing EPA but it is not registered, it can only be registered if the person who is nominated as your attorney believes you are becoming – or are already – incapable of handling your own affairs.
Forms to register an EPA can be found on www.gov.uk.
You can use an EPA without registering it if you have mental capacity, but your named attorney must register it with the Office of the Public Guardian. It costs £82 to register an EPA (September 2022) but you may be eligible for exemption or a reduced fee.
You can cancel an EPA if you have mental capacity. The fee is £371 (September 2022). If the EPA is not registered, just destroy it. If you want to have a Lasting Power of Attorney instead, you must register it.
If you are unsure if someone has an EPA or not, you can search the register free of charge (you must first complete an application form).
Remember that your EPA can only be used to look after financial and property matters. If you want someone to look after your personal welfare should you one day lack the mental capacity to make your own decisions, you need to set up a Personal Welfare Lasting Power of Attorney.