Consumer advocate Martin is raising the alarm about lasting powers of attorney, saying that an unknown £82 fee is about to go up. That small increase hides a much bigger question for many families who are already having trouble paying their bills and caring for their loved ones: who would legally step in if you suddenly couldn’t make decisions for yourself?
Why Martin Lewis is pushing this now
Martin Lewis has told people not to think of a lasting power of attorney (LPA) as something “just for older relatives.” He says that losing mental capacity can cause financial problems long before a will is needed.
If you don’t have a registered LPA, your spouse or adult child could be locked out of your bank accounts when you need them the most.
In that case, families usually have to ask the Court of Protection for permission to take care of someone’s affairs. That process can take months and require filling out long forms, getting medical reports, and paying extra fees. Meanwhile, rent, care bills, and direct debits keep coming in.
Lewis’s message is clear: if something happens to you tomorrow, does anyone have the legal right to act? If not, the £82 fee is less about filling out forms and more about avoiding a long, stressful fight later.
What a lasting power of attorney really is
You make an LPA while you are still mentally able to do so. You (the “donor”) choose people you trust, called “attorneys,” to make decisions for you if you can’t.
You are not giving up control right away. As long as you can make your own decisions, your wishes come first. You can also make lawyers follow specific rules and preferences.
The two kinds of LPA
Health and welfare LPA: This is used to make decisions about your medical care, where you live, and your daily routines, but only when you can’t do it yourself.
LPA for property and money matters—used for money, bills, savings, and property. You can choose to let this be used while you still have capacity or only if you lose it.
What lawyers can really choose
Health and welfare: choosing a care home, getting care packages, giving medical consent, making decisions about daily life, and, if allowed, life-saving treatment.
Managing bank accounts, paying bills, collecting pensions and benefits, handling investments, and selling a home if necessary are all part of property and financial management.
An LPA lets you choose ahead of time who can make decisions about your health and money and when they can do so.
The price went up on November 17.
The official registration fee for people in England and Wales is currently £82 per LPA. The Ministry of Justice has said that this will go up to £92 on November 17.
Most people choose to set up both kinds of LPA. That means each person needs to fill out two forms. So, a typical couple who sets up both LPAs will have to pay for four registrations.
“I learned this pasta recipe the hard way, and now I always make it the same way.”
| Document | Fee now | Fee from 17 November | Notes |
|---|---|---|---|
| Fee per LPA, per person for health and welfare: | £82; | £92 | |
| LPA for property and money matters: | £82 per person, | £92 per LPA. |
There are programs that help. People with low incomes can get half off, and people who get certain means-tested benefits may not have to pay the fee at all. That means that not every household will automatically see the rise, but it does require an extra application and proof.
Who you can choose and how the protections work
Attorneys have to be grown-ups. For financial LPAs, they shouldn’t be bankrupt or have to follow certain rules about money. You can choose more than one lawyer and tell them what to do:
- Together, they must agree and sign.
- Jointly and severally means that they can act together or separately, which gives them more options.
You can also choose backup lawyers in case your first choices die, move away, or can no longer do their jobs.
Lawyers must do what is best for you and follow your instructions as closely as possible.
They should keep your money separate and write down everything they do.
They can’t use your accounts as their own or make money from the job.
Every LPA also has a “certificate provider,” who signs to say that you know what you’re doing and aren’t being forced to do it. There are strict rules about who can do this. Before you can use the LPA, the Office of the Public Guardian (OPG) checks the paperwork and officially registers it.
How to set one up before the price goes up
Setting up an LPA is more work than drama, but if you want to beat the fee increase, the timing is important. In England and Wales, the process looks something like this:
- Pick your lawyers and talk about your values. What do you want for your home, care, bills, and investments?
- Choose whether they will act together or separately, and whether to name backups.
- Fill out the official forms online or on paper, and include any instructions or preferences you have.
- Set up a certificate provider and witnesses, and make sure to check the order in which they sign.
- Send the OPG the forms with the right fee and keep copies.
It can take a few months to register, so doing it now doesn’t mean the LPA will be ready to use next week. If you have a financial LPA, you can let lawyers help you while you still have the ability to do so. This can be helpful if you have health problems or trouble getting around that make banking and paperwork harder.
Mistakes that cause applications to be sent back
Advisers for consumers say that a lot of LPA forms are turned down the first time. Some common mistakes are:
- Dates that don’t match or that are in the wrong order.
- Donors, lawyers, witnesses, or the person who issued the certificate didn’t sign it.
- Using Tipp-Ex or scribbled changes that make it hard to read clauses.
- Instructions that don’t make sense, like saying lawyers have to work together in one part and alone in another.
- Not being clear about whether a financial LPA can be used before someone loses their ability to make decisions.
One line that isn’t checked or a signature that isn’t there can add weeks or months to the process, which is when families are under a lot of stress.
What will happen if you don’t do anything?
In England and Wales, if you lose your ability to make decisions, no one automatically has control over your money or care. Your partner might not even be able to get into some of the accounts that are only in your name.
To manage your money and decisions, family members might need to go to the Court of Protection for “deputyship.” That means paying court fees, having to report on a regular basis, and often having to wait a long time. Direct debits can bounce, care providers may want payment up front, and investment decisions can be put on hold while the court decides who can act.
This is why Martin Lewis calls LPA planning “more urgent than a will” for many families: wills fix problems after you die, but LPAs help when you can’t speak for yourself.
How rules are different in different parts of the UK
The deadline that Martin Lewis is talking about is for England and Wales. Scotland has its own power of attorney system and OPG, each with its own forms and fees. Northern Ireland uses lasting powers of attorney for property and money, as well as other ways to make decisions about health and welfare.
People who live outside of England and Wales or own property in another UK nation should get legal advice based on that country’s laws instead of assuming that the £82 and £92 amounts apply to all UK nations.
Should you still make a will?
Yes. A will and a living will do very different things. A will tells you who will get your things after you die. An LPA covers what happens while you are alive but can’t make decisions for you.
A lot of families will need both at some point. Some advisers say that when money is tight, you should make an LPA your top priority first. This is because not having one can immediately affect your mortgage payments, rent, or care costs, while not having a will usually causes problems later on.
A quick example of how much it costs for a normal couple
For example, a couple in England or Wales who each want to set up both types of LPA:
- Fees before November 17 are £328 for four documents.
- From November 17: 4 documents at £92 each, or £368 in fees.
- If you act quickly, you could save £40.
That £40 could pay for a week’s worth of groceries or a tank of petrol for a family that is already worried about how much care will cost. Lewis’s point is that this also buys legal certainty at the same time.
Do you need a lawyer?
Many people should be able to fill out the official LPA forms without getting help from a lawyer. If you take your time, the guidance notes are long but easy to understand.
Families who expect fights, own businesses, have complicated investments, or want very clear instructions on care or inheritance may find it helpful to hire a lawyer. The OPG fee is in addition to the legal fees, which can be very different. If things are simple, you can do it yourself as long as you read everything slowly and have a trusted friend or future lawyer check that what you wrote makes sense.
Important words and situations in real life
People often get confused by the phrases “mental capacity” and “best interests.” Mental capacity is the ability to understand, remember, and weigh information in order to make a choice at a certain time. A person may be capable of selecting their food yet unable to comprehend a complicated investment proposal. Capacity can change, especially when someone has dementia.
“Best interests” means that lawyers have to look at what you want, believe, and value, listen to professionals and family, and not just do what’s easiest for them. Before making a choice for you, they should look at options that are less limiting, like giving you support to help you make a decision.
Think about a 52-year-old who works for themselves and has a stroke. Their partner can’t easily get to their business accounts, change contracts, or talk to suppliers on their behalf without an LPA. Jobs stop, bills go unpaid, and the family’s income drops. An attorney can keep the business running while the owner recovers if they have already registered a financial LPA.
Or think of an older person with early-stage dementia who has always said they would rather have home care than live in a care home. A health and welfare LPA that says you want care at home instead of the fastest residential placement gives lawyers a strong reason to fight for care at home.
Helpful advice after your LPA is set up
- Decide where the original document will be kept and who will have certified copies.
- Let your doctor, close family members, and bank know that an LPA has been set up.
- If you get married, get divorced, move, or your lawyer’s situation changes, read the document again.
- Be clear about what you want, like what kinds of investments you don’t want to sell or what kinds of care homes you don’t want to live in.
