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What is an Enduring Power of Attorney?

An Enduring Power of Attorney is a legal document that allows someone you have chosen to make decisions about your property and financial affairs. The person you choose is called an 'attorney'.

An attorney can make decisions for you when you still have mental capacity, as well as when you lack capacity. For example, it may be easier for you if your attorney carries out tasks like paying your bills for you.

On October 1 2007, the Enduring Power of Attorney was replaced by Lasting Power of Attorney. A Lasting Power of Attorney, like an Enduring Power of Attorney, allows someone to make decisions for you if you are unable to do so.

An Enduring Power of Attorney that was made and signed before October 1 2007 can still be used.

• What is a Lasting Power of Attorney?

Registering an Enduring Power of Attorney

An Enduring Power of Attorney should be registered with the Office of the Public Guardian. To register an Enduring Power of Attorney you need to complete the forms in the registration pack. The registration pack can be downloaded from the Ministry of Justice website using the link below.

The completed forms should be sent to the Office of the Public Guardian:

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

The Enduring Power of Attorney can be used without registration as long as the donor still has capacity. If the donor starts to lose capacity, the Enduring Power of Attorney needs to be registered in order to still be used.

An Enduring Power of Attorney that was signed before 1 October 2023 but has not been registered can still be used.

All the forms and guidance needed to register an Enduring Power of Attorney with the Office of the Public Guardian are in the registration pack. You can download this registration pack using the link below.

• The Office of the Public Guardian and the registers of attorneys and deputies

• Enduring Power of Attorney forms - Ministry of Justice website Opens new window

Using an Enduring Power of Attorney with a Lasting Power of Attorney

If you already have an Enduring Power of Attorney, you can also make a Lasting Power of Attorney.

For example, you can have an Enduring Power of Attorney for finance and property decisions and a Lasting Power of Attorney for health and welfare.

To do this you (or your attorney if you are unable) will need to register a Lasting Power of Attorney with the Office of the Public Guardian.

• Making and registering a Lasting Power of Attorney

Cancelling an Enduring Power of Attorney

If your Enduring Power of Attorney is not registered with the Office of the Public Guardian you can cancel it at any time. However, you must have the mental capacity to do so.

To cancel your Enduring Power of Attorney you should complete a ‘Deed of Revocation’ and send a copy to you attorney. If your attorney has applied to register the Enduring Power of Attorney, you should also send a copy of the deed of revocation to the Office of the Public Guardian.

You can get a ‘Deed of Revocation’ form from any legal stationer or by speaking to a legal advisor.

If your Enduring Power of Attorney has been registered, you will need to apply to the Court of Protection for confirmation of the revocation. You will not need to apply to the Court of Protection is your attorney is willing to disclaim and does so.

• The Court of Protection and how it appoints deputies

Useful contacts

• Office of the Public Guardian

• Government, citizens and rights contacts