A power of attorney formerly governed by the Enduring Powers of Attorney Act 1985, which was repealed on 1 October 2007. From 1 October 2007, no new EPA may be created and existing EPAs are governed by the Mental Capacity Act 2005. An EPA was only applicable to individuals and it specifically provided for the mental incapacity of the donor and the subsequent continuation of the attorney's power (if that power was registered with the Court of Protection).

EPAs have been replaced by lasting powers of attorney.

For more information, see Practice note, Enduring powers of attorney.