An enduring power of attorney (EPA) is a document that appoints someone (‘an attorney’) to help manage your property, money and financial affairs.
Your attorney will be able to help you make decisions or make decisions on your behalf if, for example, you have an accident or become ill and can’t make a certain decision at the time it needs to be made (you ‘lack mental capacity’).
The EPA was replaced with the property and financial affairs lasting power of attorney (LPA) in October 2007. You can set up a new LPA.
If you made an EPA that was signed and witnessed before October 2007 you can either:
- continue to use it
- cancel it and set up a property and financial affairs LPA
You can also make a health and welfare LPA.
Use an enduring power of attorney
While you still have mental capacity you can allow your attorney to use an EPA to help manage your finances.
You or your attorney will need to show signed copies of your EPA to banks and financial providers so your attorney can manage your accounts.
You can’t change an existing EPA. Cancel it and set up an LPA instead.
When your EPA needs to be registered
If you lose mental capacity your attorney must register the EPA to start or continue using it.
When it’s registered, your attorney must:
- involve you in making decisions wherever possible
- only make decisions you can’t make yourself
- follow any instructions you’ve given in your EPA
You can object to the registration of an EPA.
Cancel an unregistered EPA
To cancel an EPA before you lose mental capacity, make a ‘deed of revocation’ stating that you’re cancelling it and keep it with the EPA form. You and a witness must both sign the deed of revocation.
Don’t send the unregistered EPA and deed of revocation to the Office of the Public Guardian - you need to keep them.
You must let your attorney or attorneys and any relevant banks and financial providers know that you’re cancelling your EPA.
Use the following words and replace the words in the square brackets with the relevant details:
Deed of revocation
“This deed of revocation is made by [your name] of [your address].
1: I granted an enduring power of attorney on [date you signed the enduring power of attorney] appointing [name of first attorney] of [address of first attorney] and [name of second attorney] of [address of second attorney] to act as my attorney(s).
2: I revoke the enduring power of attorney and the authority granted by it.
Signed and delivered as a deed [your signature]
Date signed [date]
Witnessed by [signature of witness]
Full name of witness [name of witness]
Address of witness [address of witness]”
Cancel a registered EPA
Apply to the Court of Protection to cancel a registered EPA. Fill in and send:
The address is on the forms.
It costs £400 to apply to revoke an EPA. Send a cheque for £400 made payable to ‘HMCTS’ with your forms.
Your EPA ends when you die. Your attorneys must let the Office of the Public Guardian know.
Get a reduction or exemption of the fee
You may not have to pay the fees if you’re on means-tested benefits or a low income.
Download the form to check your eligibility and apply.
After you apply to cancel
You may need to provide evidence that you still have mental capacity.
You’ll get a decision from the court within 16 weeks.
You can make a property and financial affairs LPA after you’ve cancelled your EPA.