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Power of Attorney.

Power of Attorney

Plan in case you lose mental capacity

Jenny Keefe
Jenny Keefe & Molly Greeves Edited by Martin Lewis
Updated 28 April 2025

One person in the UK develops dementia every three minutes. Yet relatives can't just walk into a bank and access your money, even if it is to pay for your care. Unless you've a Power of Attorney, loved ones would need to apply through court, which can be long and costly. So get it sorted – this guide shows you how.

Nearly 51,000 applications were rejected due to errors in 2023/24, so for those choosing to DIY, we've added new help on how to get it right first time.

While every effort's been made to ensure this article's accuracy, it doesn't constitute legal advice tailored to your individual circumstances. If you act on it, you acknowledge that you do so at your own risk. We can't assume responsibility and don't accept liability for any damage or loss which may arise as a result of your reliance upon it. This guide has been written with the kind help of the Alzheimer's Society and Age UK.

What is Lasting Power of Attorney?

Thinking and talking about what would happen if our faculties deserted us is uncomfortable. Yet it's important to consider how much worse the situation would be if you had a stroke, serious accident or dementia (for example, Alzheimer's) without sorting it first.

If someone has difficulties that mean they can't make decisions anymore, they will need help managing their finances. A Lasting Power of Attorney (LPA) is a legal document where someone – while they still have mental capacity – nominates a trusted friend or relative to look after their affairs if they later lost capacity. The key point to remember...

Don't think you suddenly give up control. You can choose whether it can be used either before, or only when, you lose mental capacity.

Your representative (known as the 'attorney') should only ever make a choice for you if you're unable to make that specific decision at the time it needs to be made. For example, if you fall into a coma, your attorney would start looking after your affairs. But if you wake from the coma, you should be able to make your own decisions again.

It's worth noting LPAs replaced the previous Enduring Power of Attorney (EPA) system. EPAs set up before 1 October 2007 will still be valid, whether or not they have been registered, though they must be registered when the person loses capacity. For more, see the Government's EPA info.

Why set up a Lasting Power of Attorney?

If you lose mental capacity, unless you've already filled in the Power of Attorney forms, your loved ones will need to apply through court to become 'deputy', a long and expensive process.

Instead, you can nominate a trusted friend or relative before you lose capacity, by setting up a Lasting Power of Attorney (LPA). You can appoint one or more representatives to act for you, and can determine how they work together to make decisions on your behalf.

You may be thinking "this doesn't affect us, we're perfectly well". This is a common misunderstanding. The key thing to remember is...

You can only set up a Lasting Power of Attorney when you have mental capacity. Once you've lost capacity, it's too late.

The key is to act early. This story from Forumite Norma Desmond explains why:

My mum is deputy (via the Court of Protection) to my dad, who has advanced dementia. It's a very long, drawn out and quite intrusive process.

It's also expensive. Mum will have to pay hefty yearly fees too. I just wish we'd managed to get Power of Attorney instead, when Dad was more capable. He got ill very fast and we couldn't implement it.

How much does a Power of Attorney cost?

There's a compulsory cost of £82 to register a Power of Attorney (in England and Wales – it's £96 in Scotland, £180 in Northern Ireland). If you earn less than £12,000/year though, you can provide evidence to pay a reduced fee of £41. Those on certain benefits (this link downloads a PDF list of the qualifying benefits) are exempt from fees.

It's £82 for the property and finance LPA. The health and welfare LPA is also £82, so if you get both, that's £164.

Above and beyond that, if you decide to use a solicitor you'll also have to pay legal fees, though it's possible to set up a Power of Attorney on your own. See how to make a Power of Attorney.

What to do next

The action to take depends on the situation. We use the word 'they' below for simplicity, but, of course, you can set up a Power of Attorney for yourself as well.

  • If they still have capacity. This is the best time to act. If the person still has capacity and would like to make arrangements in case they lose mental capacity, they can set up an LPA.

    Once the LPA is submitted, the Government says it takes eight to 10 weeks to register. The power will take effect as soon as the LPA is registered, so the attorney will be able to start making decisions straightaway, unless they specify otherwise on the application. See more on this in how to make a Power of Attorney.

  • If they've lost capacity. If a spouse, relative or friend already has limited mental capacity, but didn't set up Power of Attorney in advance, it gets more difficult. You need to become a deputy of the Court of Protection to make decisions on their behalf. See how to become a deputy.

  • If they still have capacity but need help managing money. In some cases, a friend or relative may still be able to make decisions, but may need help with the practicalities. For example, some people struggle to make phone calls or get to the bank. There are a few options that can help – see helping someone manage their money

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Watch Martin's video briefing on Power of Attorney

Here's Martin's 'Power of Attorney: it's arguably more important than a will' video briefing on why it’s so important, how to get one and more. Click the dropdown below to read a transcript.

ITV's The Martin Lewis Money Show Live – Tuesday 11 March 2025

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Done a Power of Attorney? It's arguably more important than a will. How it works and tips to DIY

P.S. A slight tweak from Martin: You need the form signed five times, but it may not need five people, as the certificate provider can act as witness for the donor and representative if that’s convenient.

Martin Lewis: "I think Power of Attorney is more important than a will, because you're alive and your money could be locked away. This is really important. If you lose your faculties, do not assume relatives can access your money, not even to pay for your care or to pay the mortgage.

"That is what a Power of Attorney is for. So ask yourself, who would look after you? Who could access your funds? Who do you want to be in charge of ensuring your money works for you if you are no longer capable of doing so?"

Without a Power of Attorney, sorting your finances is generally much harder

Jeanette Kwakye (Martin's co-host): "Janet is saying this, 'Currently going through the Court of Protection.'"

Martin: "That's where you go if you haven't got a Power of Attorney to take control of someone's finances."

Jeanette: "'The Court of Protection to manage mum's affairs (she got dementia), so that she can pay her care fees. It's taken 18 months so far and no nearer a conclusion. Please tell your viewers that having no PoA causes family significant stress and stops family helping them.'"

Martin: "Court of Protection can be a nightmare. It can be very costly, it can be stressful, and it can leave your money in limbo. Power of Attorney is not perfect. There are problems with the Power of Attorney system, but it is better than that."

Jeanette: "I've got another question here for you from Diane. Diane’s saying, 'My partner has a pension pot. He's currently in a care home. I phoned the company to see about drawing on this, but because I haven't got a Power of Attorney, this can't be done. However, my husband is no longer able to deal with this as he has dementia. How can I get around this?'"

Martin: "Let's go to Melinda. I mean, the first thing is, at what point is he no longer capable of signing up for a Power of Attorney if he's got dementia?"

Melinda Giles (Managing Partner, Giles Wilson): "The test for capacity is time and decision specific, so it very much depends on how his capacity is at that time. The diagnosis of dementia is not, in of itself, evidence of a lack of capacity."

Martin: "You need a doctor and a solicitor to decide?"

Melinda Giles: "Ideally, they’re the best people to decide."

Martin: "Do it now because dementia gets worse. If it's beyond that point, then what?"

Melinda Giles: "Well, then you do have to apply for the Court of Protection for deputy to be appointed, even if you are a relative. You should start that process as soon as possible as well, because as you've described, it takes quite a long time, up to a year. It costs quite a lot of money, and during that time you cannot help your loved one."

Martin: "Roughly the same in Scotland?"

Austin Lafferty (Solicitor): "Similar in Scotland. It's called guardianship and it's the Sheriff Court usually you go to."

Martin Lewis: 'I have a Power of Attorney. No one's taking over my finances now'

Martin: "Thank you. Let me move on. Lasting Power of Attorney makes it easier for a nominated trusted friend or relative to take over when needed. I have one. No one's taking over my finances now. It's if and when needed. You don't need to lose control now. You can and should put safeguards in place. Just give me an example of the safeguards, Austin, if you wouldn't mind."

Austin Lafferty: "Well, you can have somebody notified when you need to engage the Power of Attorney. Also, don't forget the office of the Public Guardian Scotland – I think there's a similar office in England – is there almost as a kind of watcher and if something goes wrong or a relative thinks something's going wrong, they can report to the Public Guardian and they can investigate."

Martin: "So my wife would be my Power of Attorney if something happens to me. But I have three independent friends who would have to be notified and could object and say ‘no, he's still absolutely fine, this shouldn't be happening.’ There are safeguards in place, you need to make sure you do them.

"Registering costs £82 in England and Wales, it's £96 in Scotland, it's £180 in Northern Ireland. There are, in some cases, discounts if you're on a very low income."

Why should you get a health and welfare Power of Attorney?

Martin: "Now there are two types: a finance and property one and a health and welfare one. The names differ in different countries. In Scotland you can do them both together and amalgamate them. Look, I, of course, talk about finance and property. So I have with me David from Age UK. Why should people get a health and welfare one?"

David Broome (Technical Advice Support Officer, Age UK): "Yes, it's really important for people to consider because what that enables you to do is to appoint one or more persons to act for you if you're unable, you lack mental capacity to make a decision about your healthcare or about your social care or anything regarding your health and welfare. So it's a really important thing for people to think about in terms of planning for it."

Martin: "Because otherwise, I mean, doctors would do it. They can consult your family, but they don't have to listen. With a Power of Attorney, they get to make the decision, your loved ones possibly."

David Broome: "So your attorney would be making the decision for you if you lack capacity in that situation."

Martin: "Thank you so much, David. Now look, big picture. If you're unsure what to do, pay for help, especially if you've got complex affairs or you want complex rules to be put in place, or you've got lots of assets, frankly.

"Solicitor will cost £400 to £750 roughly to get a Power of Attorney. It isn't cheap. There's Which? Wills, a halfway house, where someone will draft it for you and a solicitor will oversee it, which may be able to work. So that's roughly where we're going on this."

Jeanette: "We've got Linda in the studio audience this evening. Linda, you were debating this weren’t you? You've got a question for Martin."

Linda: "Yes. I was wondering, is it easy to do the Power of Attorney yourself? And would you advise it?"

Martin: "How pedantic and picky are you? Seriously? Are you the type of person who's good at filling in forms, following rules, and thinking things through? Are you a professional person, possibly makes it easier?"

Linda: "Yes I think so."

Martin: "That is what you need to be generally. Look, first of all, I'm not talking about doing it for someone else. You need a solicitor if you're doing it for someone else who's losing capacity. We're talking about doing it for you?"

Linda: "Yes."

DIY Power of Attorney: The eight key checks

Martin: "I'm going to give you my tips here and you will understand why I asked if you're pernickety, a pedant. These are my tips for DIY doing Power of Attorney. Eight key checks. This is for England and Wales. It's more difficult to do in Northern Ireland, and Scotland's differences we’ll come to in a moment.

"51,000 Power of Attorneys were rejected last year. Be careful when filling it in. There are free guides online available. You'll be able to search and how to do this. Here are the tips.

"Use the right form. The two forms are similar. They tell you which one it is on the bottom right. People fill in the wrong form and therefore answer the wrong questions.

"Be specific about what are your preferences, your likes, and your instructions you must do. So let me explain it. A preference would be, 'I would like my attorneys to consult my doctor if they think I don't have the capacity to make decisions about my house.' Preference. An instruction, 'My attorneys must not sell my house unless, in my doctor's opinion, I can no longer live independently.' You need to think about these things beforehand, how you want it to work, and be specific.

"Now it's really weird this, they have to be in your best interests. Well you’d think that's obvious? No, some people want it to be in their children's best interests or their partner's best interests. No, by law, what you're writing has to be in your best interests.

"You can only ask them to do legal things. You can't request euthanasia in your Power of Attorney. It is not legal in this country at the moment. And they can't alter your will.

"Getting onto nitty gritty stuff now. Include all the information. Check it, including some unnecessary information so include middle names. Check every detail. Send every page back, even if they're blank. That can invalidate you if you get it wrong.

"Next, cross out and initial mistakes. Put your initials by it and put a cross through it. Do not delete them. You have to do this in black ink. If you put correction fluid you risk invalidating it. Cross out and initial – you see pernickety, aren’t I? You see where I'm going and why I'm saying all this.

"You need an impartial certificate provider who's willing to stand up and do this. Can't be related to you, can't be related to one of your attorneys, even by marriage. And then, people always get this one confused, by the way it works, you're going to need at least five people to sign it. They have to do it in the right order or it can be invalid.

"So, I'm not trying to put anyone off, I'm trying to guide you through it. But I want you to understand this isn't, ‘Ooh I’ll just fill it out like this’, it's not that. This is a job of work and following the instructions."

How to make a Power of Attorney

It's vital the person making the Lasting Power of Attorney (LPA) understands what the forms mean. Of course, there's a trust issue here. While we don't want you to be overly cautious, sadly, in some cases, family or friends may be after someone's money. Ensure they (or you) feel comfortable with the choice and consider involving the whole family.

Step 1: Decide whether to use a solicitor

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The first decision is whether or not to use a solicitor. If you're fairly legally and financially literate, the DIY route will save you about £400 to £750 in legal fees.

The Government has made the process easier than it used to be, and there's a chance your local Citizens Advice centre may be able to help.

However, the LPA is a powerful legal document. You may wish to get a solicitor to help if you're unsure about the process, the family does not get on or there are complex assets, such as businesses or overseas property.

If so, use the Law Society's Find a Solicitor tool. If appropriate, there's also The Association of Lifetime Lawyers (formerly known as Solicitors for the Elderly), a network of more than 1,600 solicitors specialising in issues affecting older people.

Step 2: How to DIY Power of Attorney

If you've chosen the DIY route to make your Power of Attorney, you'll need to make your application via the online forms on Gov.uk if you're in England or Wales. You'll need to print out the forms and sign them after you fill them in online. Alternatively, you can download the forms and fill them in.

The person making the Power of Attorney and their chosen representative/s must sign the forms. If you get stuck filling them out, call the Office of the Public Guardian on 0300 456 0300.

The Power of Attorney can be used as soon as it's registered, unless you specify that the representative is restricted to making decisions only after the person loses capacity.

Finally, a 'certificate provider' signs the form to verify the person understands what the Power of Attorney means.

DIY Power of Attorney form-filling help

Making an error on your LPA application can mean you have to complete the process again and pay a reapplication fee.

To help avoid this, read our key checks below to help you get it right the first time if you're in England and Wales. It's worth going through this, as last year 51,000 PoA applications were rejected. 

There are two types of LPA: one for property and finance and another for health and welfare. If you want both, you need to apply for each one separately and pay £164 in total (£82 each). Most sections of the form are similar, so people often use the wrong one.

You can check that you're using the correct form by looking at the bottom right of the page, as shown below:

A form to fill in for Lasting Power of Attorney

In section seven, you'll be asked to fill in your instructions and preferences. You don't have to complete this section – instead, you can just talk to your representatives and explain how you'd like them to act for you.

But if you do choose to fill this out, make sure you understand the difference between preferences (how you would like your representatives to act) and instructions (how they must act).

An example of a preference is: "I would like my attorneys to consult my doctor if they think I don't have the mental capacity to make decisions about my house." To write this as an instruction, you could say: "My attorneys must not sell my home unless, in my doctor's opinion, I can no longer live independently."

Below are some tips for ensuring your preferences and instructions are workable – if you're unsure about anything, you may want to seek legal advice – see the first step of this guide for further info:

Make sure everything you're asking your representative(s) to do is legal. For example, you can't give instructions or preferences about euthanasia or assisted suicide. 

Give instructions or preferences that are in your best interest. You can't tell your representative(s) to act in the best interests of anyone else, including your partner or children, as they must act for you alone.

You can't tell or ask your representative(s) to change your will.

If you've asked representatives to make decisions together – you can't then give instructions for them to act on their own elsewhere in your LPA. 

This includes writing postcodes where asked for and including middle names where a full name is required.

You also need to ensure you include every page of the application (even ones you've left blank).

Your LPA should be completed and signed with a pen – preferably black.

Using a pencil or correction fluid on your forms is not allowed, so if you make a mistake, you'll need to cross it out and write a correction, along with your initials, as close to the box as possible. See the example below:

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You'll need to get your LPA application signed by an impartial person – known as the certificate provider – who can verify that you understand what it means. This person MUST be:

Aged 18 or over.

Either:
– a person who has known you well for at least two years, OR:
– a professional, such as a GP, solicitor or social worker.

Your certificate provider CANNOT be:

One of your representatives.

Related to you or any of your representatives, including by marriage.

❌ An employee of you or any of your representatives.

❌ Anyone who works at or runs the care home where you live.

❌ An unmarried partner, boyfriend or girlfriend of you or any of your representatives.

For further guidance on choosing a certificate provider, see Gov.uk.

There are at least five separate signatures needed on an LPA before it's sent off. Here's what each person needs to do – make sure you follow this order:

1. The person the LPA is for, known as the 'donor' (and a witness):

✅ Fill out sections one to seven, covering yours and your representatives' personal details, how you want them to make decisions and when they can start acting on your behalf.

✅ Fill out and sign section nine in the presence of a witness (this can't be your representative but it can be the certificate provider). Your witness must then sign the form and provide their full name and address where asked.

✅ Sign any continuation sheets for sections one and two that were used. This must be done on the same date as you signed section nine.

2. The certificate provider:

✅ Fill out and sign section ten (AFTER the donor and their witness have signed).

3. The representative (and a witness):

✅ Complete and sign section 11 in the presence of a witness (this can't be the donor but it can be the certificate provider). Your witness then signs and writes their full name and address where asked.

If there are multiple representatives, each one must sign. Representatives can witness each other's signatures, but the donor cannot act as the witness.

4. Either the donor or representatives (but not both):

✅ Fill out and sign sections 12 to 15. This covers who will receive a copy of the LPA and how you'll pay the application fee.

In Scotland?

In Scotland, there are no official government power of attorney forms, as in England and Wales. Instead, the documents are usually drafted by solicitors, or services such as Which? Wills above. Some stationery shops sell Power of Attorney packs you could use, though we've no feedback on these.

However, it’s worth noting that in Scotland only a solicitor or a UK medical doctor can complete the required 'certificate of capacity' to ensure that you understand what you are doing. We've heard that some GPs are reluctant to do the and solicitors are quoting £350+. Thus you may need to use a solicitor anyway.

Before using a service that's not a solicitor (eg, Which? Wills), locate a doctor who is willing to complete a certificate of capacity or get quotes from solicitors.

There's more guidance at the Office of the Public Guardian (Scotland)Age Scotland and Alzheimer Scotland.

In Northern Ireland?

In Northern Ireland, you can download the forms from the Law Society of Northern Ireland Be sure to double-check all the details to avoid errors, including names, addresses and contact information.

The donor must sign the forms in the presence of a witness. It must then be signed by the attorney, then witnessed. Attorneys and donors can’t witness each other’s signatures and witnesses should not be related by marriage.

It's worth nothing that unlike in England and Wales, an Enduring Power of Attorney doesn't need to be registered as soon as you’ve made it. However, once the donor becomes mentally incapacitated, you’ll need to register it with the Office of Care and Protection.

In England and Wales, Gov.uk makes creating a DIY Power of Attorney relatively simple. However, NI is less set up for this, with less help available for those taking the DIY route. The Northern Ireland Courts and Tribunals Service says: “Whilst not essential, it is strongly advised that donors and attorneys should seek legal advice in regard to creating an Enduring Power of Attorney.”

For more on how the process works in Northern Ireland, see NIdirect's Power of Attorney info, Alzheimer's Society and Age NI.

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Step 3: Register the Power of Attorney

The next step is posting the application to the Office of the Public Guardian (OPG) to register it. Full steps to registering can be found on Gov.uk.

You can register the LPA either before or after someone loses capacity (provided they signed the forms while well). Registering early allows time to correct errors and means it's ready to use if urgently needed.

Once the Power of Attorney's registered, the nominated representative will be able to make choices for the person (known as the 'donor'). The representative can only make decisions the donor's unable to make at the time that particular decision needs to be made.

In Scotland, you need to register the Power of Attorney with the Office of the Public Guardian. In Northern Ireland, it's the Office of Care and Protection.

The application costs £82 to register (in England and Wales – £96 in Scotland, £180 in Northern Ireland), though if you earn less than £12,000/year, you can provide evidence to have a reduced fee of £41. It's £82 for each of the finance and health LPAs, so if you get both, that's £164. Those on certain benefits are exempt from fees.

The OPG also has discretion to waive fees in cases of financial hardship. If the fees would cause you real hardship, call its helpline on 0300 456 0300 to ask for the forms.

Quick questions

Once you register the forms, in most cases the OPG just rubber-stamps the agreement, though it looks further into a small proportion of cases. The OPG aims to complete registrations within eight to 10 weeks.

People then have five weeks to object if they think the person making the LPA was pressurised or lacked capacity when they filled in the forms. The Court of Protection decides if the objection is justified.

If the person who is making the Power of Attorney objects, the process stops completely. The only way to register the LPA would be to apply to the Court of Protection to establish they did not have the capacity to object.

The Power of Attorney is activated as soon as it's registered, so the attorney will be able to make decisions on behalf of the donor straightaway, unless otherwise specified in the application.

Representatives have a duty to act in the donor's best interests and only make choices the Power of Attorney's terms allow them to make. If you are concerned a representative is abusing their role, report a concern.

What to do if someone's already lost capacity

If someone's unable to look after their affairs but did not set up Power of Attorney in advance, carers need to apply to the Court of Protection. The court will appoint a deputy to make choices about the person's finances, usually a family member or close friend.

There are two types of deputy: a deputy for property and financial affairs, and a deputy for personal welfare. The court decides whether a person who may have lost capacity is able to make decisions for themselves and if the friend/relative is the appropriate deputy.

The Scottish system works slightly differently. You need to apply for 'guardianship' at the local Sheriff Court – full details at the Office of the Public Guardian (Scotland). In Northern Ireland, 'controllers' are appointed by the Office of Care and Protection.

How to find a solicitor

It costs £421 to register as a deputy and legal fees can be £1,000 or more (if you choose to use a solicitor). If the court decides the case needs a hearing, you'll need to pay £259 on top of that. 

Deputies also have to pay an initial charge of £100 and ongoing supervision fees, which depend on the supervision level. These fees are £320 a year, unless you require minimal supervision, then it's £35. Read the Government's full guide to the deputy system.

Those on low incomes or on certain benefits can get the fees reduced or waived. See the Government's full list of fees.

It can be a long and costly process. Consider using a solicitor with specialist expertise. Try the Law Society's Find a Solicitor tool or, if appropriate, try The Association of Lifetime Lawyers (formerly known as Solicitors for the Elderly), a network of more than 1,600 solicitors specialising in issues affecting older people. Ask if it's a fixed fee.

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How to help someone manage their money

In some cases, a friend or relative may still be able to make decisions but need day-to-day help with filling in forms or calling banks. Of course, getting Lasting Power of Attorney covering property and finances would help, but they don't always have to. Here are a few alternative options:

Together, you could consider a third-party mandate. This lets a bank give someone access to another's account. The account holder specifies what the other person can and can't do with the account, so they must still be able to decide what to do with their money. The application procedure varies between banks. Call and ask how to apply.

In certain circumstances, the Department of Work and Pensions (DWP) can appoint a friend or relative or a representative of an organisation (like a solicitor or member of the council) to receive someone else's benefits and to use that money to pay expenses such as household bills, food, or accommodation. Apply via the DWP.

This usually happens when the individual has lost capacity, or when they have capacity but an exceptional, severe physical disability makes it hard for them to collect benefits.

Consider switching to paying bills by direct debit. These automatic payments can help people simplify their finances, helping to budget and ensure bills get paid.

They should (possibly with your help) keep checking bank statements, making sure there's enough cash in their account, or the bank may charge them.

You even get a discount from many companies for paying this way. A warning though: while direct debits for gas and electricity bills, home phone and broadband can save you money, home and car insurers charge interest for doing so.

If someone you know is in severe debt trouble, encourage them to seek help from a non-profit debt-counselling agency immediately.


For a full list of these agencies, see our Debt help guide.

Did you register a Power of Attorney between 2013 and 2017? You may be owed a refund

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If you paid to register a Power of Attorney in England or Wales between 1 April 2013 and 31 March 2017, you're owed a refund of up to £54. (While the deadline to apply online has passed, it's still possible to apply by email, phone or post.)

Back in 2018, the Ministry of Justice announced that people who paid to register a Lasting Power of Attorney in England or Wales between 1 April 2013 and 31 March 2017 were owed money back, after fees were set too high.

Refunds are owed because the full application fee for registering a Power of Attorney remained at £110 between 2013 and 2017, even though the operating costs of the Office of the Public Guardian had dropped. The full fee was reduced to £82 in April 2017.

As the fee is simply supposed to cover operating costs, the Government is now repaying the difference between what applicants paid and what they should have paid, plus interest.

This depends on when you paid for the Power of Attorney, and whether you paid the full registration fee or the half-price fee:

Refund for each Power of Attorney

When you paid the fee

Refund if you paid the full fee 

Refund if you paid the half-price fee (1)

Apr 2013 - Sep 2013

£54

£27

Oct 2013 - Mar 2014

£34

£17

Apr 2014 - Mar 2015

£37

£18.50

Apr 2015 - Mar 2016

£38

£19

Apr 2016 - Mar 2017

£45

£22.50

(1) Available to those who had an income of less than £12,000/yr or were on certain benefits.

If you registered for both types of Power of Attorney – both health and welfare, and property and financial affairs – you can claim for both, meaning a refund of up to £108.

Some people on certain means-tested benefits will not have paid to register a Power of Attorney and so will not be eligible for the refund.

You can make a claim for a fee paid to register a Lasting Power of Attorney in England or Wales between 1 April 2013 and 31 March 2017. You can claim whether you were the donor (the person who made the Power of Attorney) or the attorney (the person appointed by the donor), though the refund will be paid to the donor. You can claim even if the Power of Attorney's been used. See details on Gov.uk.

  • You can call the Office of the Public Guardian on 0300 456 0300.

  • Apply by email to poarefunds@justice.gsi.gov.uk

  • By post to POA Refunds Team, Lower Ground Floor, Office of the Public Guardian, PO Box 16185, Birmingham, B2 2WH.

To apply, you don't need the Power of Attorney document itself, but you will need:

  • The donor's name, address and date of birth.

  • Their UK bank account number and sort code.

  • The name of one of the attorneys on the Power of Attorney.

Here are the other key need-to-knows:

  • You only need to make one claim for each donor – even if you've made multiple Powers of Attorney.

  • If your claim is refused and you want to appeal the decision, you can call the refunds helpline.

  • If the donor doesn't have a UK bank account or you're a court-appointed deputy, you'll have to apply by phone.

  • You can also claim for an Enduring Power of Attorney if you registered it in the relevant period. The Lasting Power of Attorney replaced the Enduring Power of Attorney on 1 October 2007, but it's possible someone could have drafted the latter before the cut-off date and registered it during the refund period - and so would be eligible.

If the donor has died, you can still claim. You'll need to send a copy of the donor's death certificate and will, or a grant of representation such as a grant of probate or letter of administration, along with your contact details.

More help and info

  • Make a will. While you're setting up a Lasting Power of Attorney it's a good time to ensure you've an up-to-date will. Solicitor-drafted wills can be cheap or even free to make or amend. Find info on all the options in Cheap and free wills.

  • Do a 10-minute benefits check. Do check what benefits you're entitled to. A quick Benefits check will show if you qualify for extra help.

  • Stop scams. Scam letters often target vulnerable older people, usually hoaxing people into thinking they need to send cheques to secure lottery wins or to get prize holidays. If you're worried about this, charity Think Jessica has more advice on its site.

    There are loads more tips to beat junk calls and post in the Stop cold callers guide.

  • Death happens – plan for it. Death causes financial tragedies as well as grief. Hopefully you live happily to 120, but there are ways to lessen the impact when it happens. Our Death happens – plan for it checklist should help, including how to make a financial checklist for family and how to arrange who'd care for children and pets.

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