How Do I Register an Enduring Power of Attorney: A Step-by-Step UK Guide

Thinking about how to register an Enduring Power of Attorney (EPA) in the UK? It might seem a bit tricky at first, but honestly, it's manageable if you break it down. This guide aims to make the process clearer, step by step. We'll cover what you need to know, from checking the document itself to getting it officially registered. So, if you've been wondering 'how do I register an enduring power of attorney?', you've come to the right place.

Key Takeaways

• An EPA is for financial matters and was replaced by Lasting Powers of Attorney (LPAs) in 2007, but older EPAs are still valid.

• Before registering, check your EPA was correctly made and signed when it was created.

• Registration is needed when the person who made the EPA (the donor) starts to lose mental capacity.

• You must tell specific family members and potentially others before applying to register the EPA.

• The EPA is registered with the Office of the Public Guardian, and there's a fee involved.

Understanding Enduring Powers of Attorney

Right then, let's get stuck into what an Enduring Power of Attorney, or EPA, actually is. It’s a bit of a historical document now, as the system changed back in October 2007. Think of it as the predecessor to the Lasting Power of Attorney (LPA) that we use today. If you made an EPA before that date, it can still be valid, but you can't set up a new one. Essentially, an EPA was a legal document that allowed you to appoint someone you trusted – your attorney – to manage your financial affairs, even if you later lost the mental capacity to make those decisions yourself.

What is an Enduring Power of Attorney?

An EPA was specifically for financial matters. It gave your chosen attorney the authority to handle things like your bank accounts, paying bills, and dealing with your property. The key thing about an EPA was its ability to continue even after the person who made it (the donor) lost mental capacity. This was its main advantage over older, ordinary powers of attorney, which became invalid as soon as the donor could no longer make their own decisions.

Key Differences Between EPA and LPA

So, what’s the big difference between an EPA and the LPAs we have now? Well, the main distinction is that LPAs cover both financial affairs and health and welfare decisions, whereas EPAs were strictly financial. Also, as mentioned, you can no longer create new EPAs; the law changed, and LPAs are the current system. If you have an existing EPA, it's still legally sound, but for any new arrangements, you'll need to look into setting up an LPA. It's worth checking the official guidance on EPAs if you're unsure about an existing document.

When Can an EPA Be Used?

An EPA could be used in two main scenarios. Firstly, it could be used immediately upon signing if the donor gave permission for it to be active straight away. This meant the attorney could start managing finances while the donor still had full mental capacity. Secondly, and perhaps more commonly, it was designed to be used only when the donor lost mental capacity. This was the 'enduring' part – it lasted and could be acted upon even when the donor could no longer make decisions for themselves. However, it's important to note that an EPA must be registered with the Office of the Public Guardian before the donor loses mental capacity, or as soon as possible afterwards, for it to remain valid.

Checking the Validity of Your EPA

Before you even think about registering an Enduring Power of Attorney (EPA), it's really important to make sure it's actually valid. You don't want to go through all the paperwork and then find out it's no good, right? It’s a bit like checking your ingredients before you start baking – you need to know you've got the right stuff.

Ensuring the EPA Was Valid When Created

First off, you need to confirm that the EPA document itself was created correctly according to the rules at the time. This means checking a few things:

• Form and Information: Was the EPA drawn up using the official form that was required back then? Crucially, did it include all the explanatory information that was supposed to be there? This would have explained what creating the power actually meant for you.

• Key Statements: Make sure none of the really important statements are missing. For instance, did it clearly state that you intended the power to keep going even if you lost mental capacity later on? And did it confirm that you'd read, or had read to you, the information explaining the effect of the power?

• Attorney's Understanding: It also needed to show that the attorney understood their duty to register the EPA if you lost capacity.

If any of these core elements were missed or done incorrectly when the EPA was first signed, it might not be valid. It's worth double-checking the original document carefully.

Checking for Prescribed Forms and Information

This ties into the point above, but it's worth a separate look. The law specifies particular forms and information that must be included. For an EPA created before 1 October 2007, you'd be looking for the prescribed format and accompanying explanatory notes that were in place at that specific time. If the document looks like it was just scribbled on a napkin, that's probably not going to cut it. The explanatory notes were there to make sure you, the donor, fully understood what you were signing away. Without them, the EPA could be invalid.

Verifying Execution by Donor and Attorney

This is about the actual signing. The EPA needs to have been signed correctly by both you (the donor) and your chosen attorney(s). This isn't just a casual signature; it has to be done in the way the law required at the time. If, for example, one of you wasn't present when the other signed, or if the signing wasn't witnessed properly (if that was a requirement then), it could invalidate the whole thing. It’s a bit like needing two witnesses for a will; the formalities matter. You can check the registers for attorneys to see if someone is officially listed, which can be a helpful step in verifying their role.

Assessing Mental Capacity for Registration

So, you've got your Enduring Power of Attorney (EPA) sorted, but when exactly do you need to get it registered? It's not something you can just do whenever you fancy. The key thing here is mental capacity. You must register the EPA as soon as the person who made the EPA (the donor) starts to lose their mental capacity.

When to Register an EPA

Think of it like this: the EPA is put in place for when you might not be able to make decisions for yourself anymore. So, the trigger for registration is when that point starts to approach. It's not about waiting until someone is completely unable to make any decision at all, but rather when they begin to struggle with certain decisions or understanding the consequences of them. It’s a bit of a grey area sometimes, and that’s why it’s important to get advice if you’re unsure.

The Role of Mental Capacity in Registration

Having mental capacity means you can understand the information relevant to a decision, can remember that information, can use or weigh that information as part of making the decision, and can communicate your decision in any way. It’s not a fixed state; someone might have capacity for some decisions but not others, or at certain times of the day but not others. The law says you should be given as much help as possible to make a decision before anyone concludes you lack capacity. Just because someone makes a decision that seems a bit odd or 'unwise' to others, doesn't automatically mean they lack capacity. The attorney appointed in the EPA has a duty to assume you have capacity unless there's clear evidence otherwise.

Attorney's Role if Donor Loses Capacity

Once the EPA is registered, your attorney can start making decisions on your behalf. However, they must always act in your best interests. This means they need to consider all the options and choose the path that's least restrictive of your rights. They should also try to help you make decisions yourself for as long as possible, offering support in ways you understand, whether that's through pictures, or at a specific time of day when you're more alert. If you're worried about how an attorney is acting, you can contact the Office of the Public Guardian. They can look into concerns about an attorney not acting properly, and you can find out more about making an LPA if you're planning ahead.

Notifying Relevant Parties of Registration

Right then, before you can get your Enduring Power of Attorney (EPA) officially registered, there's a bit of paperwork and a few people you need to tell. It’s all about making sure everyone who might be affected, or who has a stake in things, knows what’s happening. This notification step is really important because it gives people a chance to raise any concerns before the EPA is fully active.

Who Needs to Be Informed?

So, who exactly needs to be in the loop? Generally, you'll need to inform:

• The donor: The person who made the EPA in the first place. They need to know their document is being registered.

• At least three of the donor's family members: These need to be eligible family members who are over 18 and have mental capacity themselves.

• Any other attorneys: If there are other attorneys appointed but they aren't applying to register the EPA with you, they need to be told.

The Order of Family Members to Notify

When it comes to telling family members, there's a specific order you should follow. You need to try and inform the first three eligible people from this list. If you can't find someone in one category, you move on to the next.

1. The donor's husband, wife, or civil partner.

2. The donor's children (this includes adopted children, but not stepchildren).

3. The donor's parents.

4. The donor's brothers and sisters (including half-siblings).

5. The widow, widower, or surviving civil partner of the donor's child.

6. The donor's grandchildren.

7. The donor's nephews and nieces (children of the donor's full brothers and sisters).

8. The donor's nephews and nieces (children of the donor's half-brothers and half-sisters).

9. The donor's aunts and uncles (full siblings of a parent).

10. The donor's first cousins (children of the donor's aunts and uncles who are full siblings of a parent).

It's worth noting that if you tell one person in a category, you generally have to tell everyone else in that same category. For example, if you're telling a grandchild and the donor has 15 other grandchildren, you need to inform all 16 of them. If you're a family member yourself and also an attorney, you count as one of the people to be told, but you still need to inform others in your category.

What Information to Provide

When you're notifying people, you'll typically be using a specific form, often called form EP1PG. This form is sent to the donor and the family members. It basically lets them know that you intend to register the EPA. You need to do your best to find everyone you need to tell. If you genuinely can't find someone's address, or if there simply aren't enough eligible relatives, you'll need to let the Office of the Public Guardian know when you submit your application.

It's a bit like sending out invitations for a very important, albeit slightly serious, event. You want to make sure all the key people get the memo, and you follow the guest list etiquette as closely as possible. If you hit a snag finding someone, you just report it and move on with the process.

Applying to Register Your EPA

Right then, you've got your Enduring Power of Attorney (EPA) sorted, and you've realised it needs registering. This is the bit where you actually get the ball rolling with the Office of the Public Guardian (OPG). It's not super complicated, but you do need to pay attention to the details.

Completing the Application Form

First things first, you need the official application form. For an EPA, this is form EP2PG. You can download this from the government website. Make sure you fill it out accurately and completely, as any mistakes could hold things up. You'll need details about yourself (the applicant), the donor (the person who made the EPA), and the attorney(s). It's a good idea to have the original EPA document handy while you're filling this out.

Submitting the EPA and Application

Once you've filled out the EP2PG form, you need to send it off. Along with the application form, you'll need to send the original EPA document itself, or if you don't have the original, a certified copy. You'll also need to include proof that you've told the relevant people about your intention to register. This usually involves sending copies of the notification letters or forms you used. The address to send everything to is:

Office of the Public Guardian PO Box 16185 Birmingham B2 2WH

If you use the DX Exchange courier service, there's a different address, so double-check that if it applies to you.

The Registration Fee and Payment

There's a fee to register an EPA. Currently, it's £82. However, this price is set to increase to £92 from 17 November 2025. If you're on a low income or receiving certain benefits, you might be eligible for help with the fee, so look into form LPA120 if that sounds like you. You'll need to send a cheque made payable to the 'Office of the Public Guardian'. Don't forget to write the donor's name on the back of the cheque. You can find more details about fees and how to apply for registration on the official government website.

The EPA Registration Process

So, you've filled out all the forms and told everyone you need to tell. What happens next? Well, the Office of the Public Guardian (OPG) now has your application and the original Enduring Power of Attorney (EPA) document. They'll have a look at everything to make sure it's all in order. This stage is where the EPA officially becomes legally recognised for use.

How Long Registration Takes

Generally, you can expect the registration process to take around 8 to 10 weeks from the moment you submit your application and the EPA itself. It's not instant, so patience is key here. However, this timeframe can stretch out if anyone who received the notification decides to object to the registration. The OPG will need to look into any objections, which naturally adds time to the process.

Potential Objections to Registration

It's worth knowing that people you've notified have a window of 35 days from receiving the notification to raise an objection. These objections could be for various reasons, perhaps they believe the donor didn't have the mental capacity to sign the EPA in the first place, or maybe they think the attorney isn't suitable. If an objection is lodged, the OPG will investigate. They might ask for more information from you or the objector. It's not a common occurrence, but it's something to be aware of. You can find a helpful checklist for registration that details the steps involved.

Receiving Confirmation of Registration

Once the OPG is satisfied that everything is in order and there are no valid objections, they will register the EPA. You'll receive official confirmation that the EPA has been registered. This confirmation is your proof that the attorney can now act on behalf of the donor. It's a good idea to keep this confirmation safe, along with the registered EPA document itself. Remember, the fee for registration is currently £82, though this is set to increase to £92 from 17 November 2025.

Navigating the EPA registration process can seem a bit tricky, but it doesn't have to be. We're here to make it simple and clear for you. If you're looking to understand the steps involved or need help with your applications, our website has all the information you need. Visit us today to learn more and get started!

Wrapping Up

So, there you have it. Getting an Enduring Power of Attorney sorted might seem like a bit of a faff, and honestly, it can be. There are forms to fill, people to tell, and then the waiting game for registration. But really, it’s about making sure your wishes are known and respected if you can’t speak for yourself later on. It’s a bit like putting your affairs in order, just in case. Taking the time now, even if it feels a bit complicated, can save a lot of stress and confusion for your loved ones down the line. If you’re unsure about any part of it, don’t be afraid to ask for help – that’s what the Office of the Public Guardian is there for, and solicitors can offer guidance too. It’s a big step, but a really important one for peace of mind.

Frequently Asked Questions

What's the difference between an EPA and an LPA?

An Enduring Power of Attorney (EPA) is an older type of document that was only for money matters. You can't make new ones now, but if yours was made before October 2007, it might still be valid. A Lasting Power of Attorney (LPA) is what we use today. It can cover either your money and property, or your health and care decisions, or both. LPAs are more flexible and can be used even if you lose your mental capacity.

When should I register my EPA?

You need to register your EPA as soon as the person who made it (the 'donor') starts to lose the ability to make their own decisions. It’s important not to wait too long, as the registration process can take a while.

Who needs to be told when I want to register an EPA?

Before you apply to register, you must tell the donor, at least three of their family members (following a specific order of priority), and any other attorneys who were appointed but aren't applying with you. You need to make sure you've done your best to find and inform these people.

Can anyone object to my EPA being registered?

Yes, people who have been told about the registration have a chance to object. They usually have 35 days from when they receive the notification to make an objection. If there are objections, it can make the registration process take longer.

How long does it take to register an EPA?

Typically, registering an EPA takes about 8 to 10 weeks from when you send in the application and all the correct documents. However, this timeframe can be extended if there are any objections or if there are mistakes in the application.

How much does it cost to register an EPA?

The fee to register an EPA is currently £82. However, if you have a low income, you might be eligible for a discount, and if you receive certain benefits, you may not have to pay anything at all. Please note that this fee is set to increase to £92 from November 2025.