08/06/2026
Many people still have an old Enduring Power of Attorney (EPA), made before the law changed in 2007.
An EPA may still be perfectly valid, but it only covers property and financial affairs – things like bank accounts, bills and managing money.
Today we spoke with a lady who discovered the limitations of an EPA the hard way.
Her mother, let's call her Betty, suffered a fall and was admitted to hospital. During her stay, concerns were raised about Betty's mental capacity and a decision was made by a Social Worker for Betty to move into a care home.
Betty's daughter held an old EPA and assumed she would be able to help make decisions about her mother's future care. However, because the EPA only covered financial matters, she found herself in a very different position when it came to health and welfare decisions.
Now that Betty has settled into the care home, her health has improved and her daughter would like to explore whether a return home with a care package could be possible. Yet she feels excluded from discussions and frustrated that she has little authority to influence decisions about her mother's care and future.
This situation highlights an important point that many families are unaware of:
An EPA does not provide authority over health and welfare decisions. The newer Lasting Powers of Attorney (LPAs) introduced two separate documents:
• Property & Financial Affairs LPA
• Health & Welfare LPA
If you only have an old EPA, it is worth checking whether there is also a Health & Welfare LPA in place.
The good news is that, as long as a person still has mental capacity, they can create a Health & Welfare LPA and choose who they would like to make decisions on their behalf if they are unable to do so in the future.
Too often, families only discover the limitations of an old EPA when they find themselves facing difficult decisions during a health crisis.
If you or a loved one have an old EPA, now may be a good time to review what arrangements are in place.
And if you are currently experiencing difficulties because you feel excluded from decisions about a loved one's care, welfare or future living arrangements, please feel free to contact Care Necessities for an informal discussion. We may be able to help you understand your rights, the decision-making process, and the options available to you.