Households across Britain face a quiet paperwork gap that can trigger chaos if illness strikes, locking cash and choices away.
Martin Lewis has urged people to sort a lasting power of attorney now, warning the £82 fee will rise to £92 on 17 November. He calls it protection “more important than a will” because it keeps life moving if you lose capacity.
Why this £82 form matters now
A lasting power of attorney (LPA) lets you appoint trusted people to act for you if you can’t make decisions. That can be after a stroke, a serious accident, dementia, or treatment that affects cognition. Without it, banks and pension providers can freeze accounts. Direct debits stop. Care decisions stall. Families end up applying to the Court of Protection, a slow and costly process that leaves bills unpaid and relatives under pressure.
“More important than a will”: the paperwork that keeps your money and care moving if you can’t speak for yourself.
Wills decide what happens when you die. LPAs decide who can help while you’re alive. You don’t need either to get the other. Most households need both, and sooner than they think.
What a lasting power of attorney covers
There are two LPAs. You can make one or both. Each deals with a different part of life.
Health and welfare
This LPA only takes effect if you lose mental capacity. Your chosen attorneys can make decisions about how you live and the treatment you receive.
- Daily routines such as washing, dressing and eating
- Medical care and where you receive it
- Moving into a care home, or supporting you at home
- Preferences about life-sustaining treatment
Property and financial affairs
This LPA can be used with your permission while you still have capacity, or only if you later lose capacity, depending on what you specify.
- Managing bank and building society accounts
- Paying mortgages, rent, utilities and other bills
- Claiming benefits and pensions
- Selling property or downsizing to fund care
| Type | Key decisions | When it can be used |
|---|---|---|
| Health and welfare | Care, living arrangements, medical treatment | Only when you lack mental capacity |
| Property and financial affairs | Money management, bills, benefits, property | Now with your consent, or later if you lose capacity |
The fee is £82 per LPA today and rises to £92 on 17 November, adding £20 if you set up both types.
How to set one up before the fee rises
You don’t need a solicitor. Many people complete the official forms themselves. A solicitor can help if family dynamics are complex or assets are high value.
- Choose your attorneys: people you trust absolutely, usually family or close friends who are organised and financially sensible.
- Decide how they act: jointly (must agree every decision) or jointly and severally (either can act alone). Add replacement attorneys as a back-up.
- Set instructions and preferences: say what you want them to do, and what they must not do. Be clear about big decisions, like selling a home or investing.
- Find a certificate provider: an independent person who confirms you understand the LPA and aren’t being pressured.
- Sign and witness correctly: follow the order on the forms to avoid rejection.
- Register with the Office of the Public Guardian: it takes several months, so start now. The LPA can only be used after registration.
Registration delays are common. Sorting it now avoids a long wait during a crisis.
Pitfalls that trip people up
- Choosing attorneys out of politeness rather than competence, leading to conflict or inaction.
- Ticking “joint” when “joint and several” would be safer; if one attorney can’t act, decisions grind to a halt.
- Missing signatures, dates or witness details, which forces a re-application.
- Vague instructions that restrict attorneys from paying bills or arranging urgent care.
- Forgetting replacement attorneys, leaving no one able to step in.
Costs, discounts and how the rise hits households
The current fee is £82 per LPA in England and Wales, rising to £92 on 17 November. Many households set up both types, so completing them before the increase saves £20 in total. Some applicants can pay less. Low-income applicants may qualify for a 50% fee reduction, and people on certain means-tested benefits can receive a full fee waiver. You still pay any solicitor’s fees if you use one.
If you miss the window and later lose capacity without an LPA, relatives must ask the Court of Protection to appoint a deputy. That route carries application and supervision fees that can run into hundreds of pounds, plus ongoing reporting duties. It also takes time that families often don’t have when care needs or mortgage payments are pressing.
Why this isn’t just for older people
LPAs aren’t only about dementia. Car accidents, strokes, severe depression, or intensive treatment can stop anybody from managing money or giving informed medical consent. Martin Lewis says he set his up in his 30s for that reason. Younger households with mortgages, childcare costs and joint bills face the biggest disruption if accounts are frozen unexpectedly.
No LPA can mean frozen joint accounts. Banks may block access until they see proper authority.
Making the paperwork work for you
Pick attorneys who understand your values. If you have a business, appoint someone who can handle payroll and tax deadlines. If you live with a partner but aren’t married, remember “next of kin” status gives no automatic power with banks, doctors or care providers; an LPA changes that. Record your online banking and provider details in a secure place your attorneys can find, without storing full passwords in plain text.
Practical example: a fast move to protect a family
Imagine a 42-year-old who suffers a head injury. Without an LPA, their partner can’t access the main account to pay the mortgage. Direct debits bounce, credit files nosedive, and arrears fees mount. With a financial LPA, the partner can move money, speak to lenders, and set up a payment plan during recovery. A health and welfare LPA lets the partner agree to rehab, arrange home adaptations, and ensure discharge planning suits family life.
Final checks before you sign
- Write clear preferences on investments, gifting and property decisions to guide attorneys.
- Confirm if you want your attorneys to access medical records to make informed choices.
- Review every two to three years, or after big life events such as marriage, separation or a house move.
- Tell your attorneys where the registered documents are kept and how to reach your GP, mortgage lender and pension providers.
Related protections to consider
A will still matters for inheritance and guardianship of children. An advance decision (sometimes called a living will) can sit alongside a health LPA to set clear wishes about life-sustaining treatment. Income protection and critical illness cover can keep cash flowing if illness hits, while an LPA ensures someone can actually move the money and speak to providers on your behalf.
Set a simple timeline. Choose attorneys this week. Complete and sign the forms next week. Submit for registration before 17 November if you want to avoid the higher fee. The paperwork is dull, but it buys peace of mind for you and clarity for your family when they will need it most.
This is a timely reminder — setting up both LPAs before 17 November saves £20 and months of stress. Honestly, “more important than a will” makes sense once you realise banks can freeze joint accounts.
Is the £82 per LPA actaully worth it if I’m in my 20s? Feels like scaremongering. What are the real odds of needing it before, say, 60?