Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Enduring power of attorney definition

What does Enduring power of attorney mean? An enduring power of attorney (EPA) appoints a trusted attorney to manage a donor’s property and financial affairs and is intended to continue, or come into effect, if the donor later lacks mental capacity. It is a statutory construct, with scope and registration rules set by jurisdiction. England and Wales: No new EPAs can be made since 1 October 2007, when the Mental Capacity Act 2005 replaced them with Lasting Powers of Attorney. EPAs validly made under the Enduring Powers of Attorney Act 1985 remain effective for property and financial affairs only and must be registered with the Office...

Enduring Powers of Attorney (England and Wales): revocation—automatic, by donor or court—and attorney disclaimer; MCA 2005 ss 16-20, Court of Protection and Public Guardian notification requirements

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Practice notes

An enduring power of attorney (EPA) can be revoked in just three ways:

automatic revocation
revocation by the donor
revocation by the court

Automatic revocation

An EPA stops having effect if either the donor or the attorney is made bankrupt, or if a debt relief order (under Part 7A of the Insolvency Act 1986) is made in respect of the donor or the attorney.

Where attorneys are appointed jointly, any reference in the Mental Capacity Act 2005 (MCA 2005) to ‘the attorney’ is to be understood as referring to any one of the attorneys acting under the EPA. If attorneys are appointed jointly and severally, the provision is treated as addressing only the bankruptcy of the last remaining attorney under the power.

If any other attorney under the power becomes bankrupt, that person simply ceases to act as an attorney; this does not revoke the EPA itself.

The only carve‑out is where the donor or an attorney is subject to an interim bankruptcy restrictions order. In that situation, the EPA is suspended—rather than brought to an end—for as long as the order remains in force...

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Web page updated on 21/05/2026

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