Consumer champion Martin Lewis is sounding the alarm over lasting powers of attorney, warning that a little-known £82 fee is days away from rising. For many households already stretched by bills and care costs, that small increase hides a much bigger question: who would legally step in if you suddenly could not make decisions for yourself?
Why Martin Lewis is pushing this now
Martin Lewis has urged people not to treat a lasting power of attorney (LPA) as something “just for older relatives”. He argues that losing mental capacity can create financial chaos long before a will ever comes into play.
Without a registered LPA, even a spouse or adult child can be locked out of your bank accounts at the very moment you most need help.
In that situation, families often have to apply to the Court of Protection for permission to manage a person’s affairs. That process can drag on for months, involve detailed forms, medical reports and extra fees, all while direct debits, rent and care bills keep rolling in.
Lewis’s message is blunt: if something happens to you tomorrow, does anyone have the clear legal authority to act? If not, the £82 fee is less about form-filling and more about avoiding a long, stressful battle later.
What a lasting power of attorney actually is
An LPA is a legal document you set up while you still have mental capacity. You (the “donor”) choose trusted people—known as “attorneys”—who can make decisions on your behalf if you cannot.
You are not handing over control immediately. As long as you can decide for yourself, your wishes come first. You can also set detailed rules and preferences that attorneys must follow.
The two types of LPA
- Health and welfare LPA – used for decisions about medical treatment, care, where you live and everyday routines, but only when you lack capacity.
- Property and financial affairs LPA – 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 attorneys can actually decide
- Health and welfare: care home choices, care packages, medical consent, daily routine, and, if authorised, life-sustaining treatment decisions.
- Property and financial: managing bank accounts, paying bills, collecting pensions and benefits, handling investments, and selling a home if required.
An LPA lets you decide in advance who makes the calls on your health and money, and under what conditions they can act.
The fee jump on 17 November
For people in England and Wales, the official registration fee is currently £82 per LPA. The Ministry of Justice has confirmed this will rise to £92 on 17 November.
Most people choose to set up both types of LPA. That means two documents per person—so a typical couple arranging both LPAs each will pay for four registrations.
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| Document | Fee now | Fee from 17 November | Notes |
|---|---|---|---|
| Health and welfare LPA | £82 | £92 | Fee per LPA, per person |
| Property and financial affairs LPA | £82 | £92 | Fee per LPA, per person |
There are support schemes. Some people on low incomes can get a 50% reduction, and those receiving certain means‑tested benefits may not pay the fee at all. That requires an extra application and evidence, but it means the looming rise is not automatic for every household.
Who you can appoint—and how the safeguards work
Attorneys must be adults. For financial LPAs, they should not be bankrupt or subject to certain financial restrictions. You can name more than one attorney and decide whether they act:
- Jointly – they must agree and sign together.
- Jointly and severally – they can act together or separately, giving more flexibility.
You can also nominate replacement attorneys in case your first choices die, move abroad, or are no longer able to act.
- Attorneys must act in your best interests and follow your stated wishes as far as possible.
- They should keep your money separate and keep clear records of what they do.
- They cannot treat your accounts as their own or profit from the role.
Every LPA also has a “certificate provider”—someone who signs to confirm you understand what you’re doing and are not being forced. There are strict rules about who can do this. The Office of the Public Guardian (OPG) checks the paperwork and officially registers the LPA before it can be used.
How to set one up before the fee rises
Putting an LPA in place is more admin than drama, but the timing matters if you are trying to beat the fee increase. The process in England and Wales broadly looks like this:
- Choose your attorneys and talk through your values—what would you want for care, home, bills and investments?
- Decide if they act jointly or jointly and severally, and whether to appoint backups.
- Complete the official forms online or on paper, including any instructions or preferences you want written in.
- Arrange a certificate provider and witnesses, and check the signing order carefully.
- Send forms to the OPG with the correct fee and keep copies.
Registration can take several months, so acting now does not mean the LPA will be usable next week. For financial LPAs, you can choose to allow attorneys to help while you still have capacity, which can be useful if illness or mobility issues make paperwork and banking harder.
Errors that send applications back
Consumer advisers say a significant number of LPA forms are rejected first time. Common pitfalls include:
- Dates that do not match or appear in the wrong order.
- Missing signatures from donors, attorneys, witnesses or the certificate provider.
- Using Tipp‑Ex or scribbled corrections that make clauses hard to read.
- Contradictory instructions, such as saying attorneys must act together in one part and separately in another.
- Not stating clearly whether a financial LPA can be used before loss of capacity.
One unchecked line or missing signature can add weeks or months to the process, right at the point families are under pressure.
What happens if you do nothing
If you lose capacity without an LPA in England or Wales, nobody automatically gets power over your finances or care. Even your partner may not be able to access certain accounts in your sole name.
Relatives may need to go to the Court of Protection for “deputyship” so they can manage your money and decisions. That involves court fees, ongoing reporting requirements and, quite often, long waits. Direct debits can bounce, care providers may insist on up‑front payment, and investment decisions can stall while the court decides who can act.
This is why Martin Lewis repeatedly labels LPA planning as “more urgent than a will” for many households: wills solve problems after death; LPAs help when life carries on but you cannot speak for yourself.
How rules differ across the UK
The deadline Martin Lewis is highlighting relates to England and Wales. Scotland operates its own power of attorney system and separate OPG, with different forms and fees. Northern Ireland uses enduring powers of attorney for property and finances, alongside different arrangements for health and welfare decisions.
Anyone living outside England and Wales, or owning property in another UK nation, needs advice based on that specific legal system rather than assuming the £82 and £92 figures apply everywhere.
Should you still bother with a will?
Yes. A will and an LPA do completely different jobs. A will sets out who inherits your assets after you die. An LPA covers what happens while you are alive but cannot decide for yourself.
Many households need both eventually. When budgets are tight, some advisers suggest prioritising an LPA first, because the lack of one can cause immediate disruption to mortgage payments, rent, or care costs, whereas a missing will tends to cause problems further down the line.
A quick cost example for a typical couple
Take a couple in England or Wales who each want to put both types of LPA in place:
- Before 17 November: 4 documents × £82 = £328 in fees.
- From 17 November: 4 documents × £92 = £368 in fees.
- Potential saving by acting early: £40.
For a family already nervous about care costs, that £40 might cover a week’s food shopping or a tank of petrol. Lewis’s point is that this is also buying legal certainty at the same time.
Do you need a solicitor?
The official LPA forms are designed so that many people can complete them without legal help. The guidance notes are long but clear if you take your time.
Using a solicitor can be helpful where families expect disputes, own businesses, hold complex investments, or want very detailed instructions on care or inheritance. Legal fees vary widely and come on top of the OPG fee. For straightforward situations, a DIY approach can work, as long as you read everything slowly and ask a trusted friend or future attorney to check that what you have written makes sense.
Key terms and real‑life scenarios
Two phrases confuse people repeatedly: “mental capacity” and “best interests”. Mental capacity is about whether you can understand, retain and weigh up information to make a specific decision at a specific time. Someone might be able to choose what to eat, but not follow a complex investment proposal. Capacity can fluctuate, especially with conditions like dementia.
“Best interests” means attorneys must look at your known wishes, beliefs and values, listen to professionals and family, and avoid simply doing what is most convenient for them. They should consider less restrictive options first—such as support to help you decide—before making a decision on your behalf.
Imagine a self‑employed person who has a stroke at 52. Without an LPA, their partner cannot easily access business accounts, rearrange contracts or speak on their behalf to suppliers. Jobs stall, invoices go unpaid and the household income collapses. With a financial LPA already registered, an attorney can keep the business functioning during recovery.
Or picture an older person with early‑stage dementia who has always been clear they prefer home care to a care home. A health and welfare LPA, with that preference written in, gives attorneys a strong basis to push for care-at-home packages rather than the quickest residential placement.
Practical tips once your LPA exists
- Agree where the original document will live and who holds certified copies.
- Tell your GP, key relatives and your bank that an LPA has been registered.
- Review the document if you marry, separate, move home or if an attorney’s situation changes.
- Be specific in your preferences—for example, types of investments you do or do not want sold, or care homes you would prefer to avoid.
Setting up an LPA while you are well costs less than many monthly bills, yet can spare your family months of blocked accounts and uncertainty.
Originally posted 2026-03-03 14:56:46.