Serving clients across Wales from our base at Cardiff Gate. Appointments available in Cardiff City Centre, or at your home, hospital, or care home anywhere in Wales & West of England.
At‑a‑Glance: Office of the Public Guardian (OPG) Lasting Power of Attorney (LPA) Fee Change
- Old fee: £82 per LPA application
- New fee: £92 per LPA application
- Effective date: Applications received by the Office of the Public Guardian (OPG) on or after 17 November 2025
Most donors register two LPAs (Property and Financial Affairs; Health and Welfare), so the combined OPG fee increases from £164 to £184 from the effective date. The fee is determined by the date the OPG receives the application, not the date of signing or posting. Fee remissions and exemptions remain available subject to income and benefits evidence.
Accredited Mental Health Law Specialists for LPAs and Deputyship
This firm advises on Lasting Powers of Attorney (LPAs), Deputyship applications, and all Court of Protection (CoP) matters. Accredited mental health law expertise ensures robust capacity assessments, best‑interests decision‑making, and safeguarding for vulnerable clients.
- LPA solicitors in Cardiff and across Wales
- Court of Protection solicitors for deputyship, statutory wills, and contested applications
- Wales‑wide home, hospital, and care‑home visits
OPG LPA Fee Increase — What It Means and What To Do Now
- Applications received on or after 17 November 2025 will be charged £92 per LPA.
- Incomplete or defective applications that must be re‑submitted after this date can trigger the higher fee.
- Fee remissions/exemptions remain available; submit supporting financial evidence with your application.
Action points:
- If aiming for the £82 fee, ensure complete and accurate applications reach the OPG well before 17 November 2025.
- Prioritise correctness over speed to avoid rejection and costly re‑submissions.
- Consider professional drafting and certification to minimise OPG requisitions.
Common LPA Problems — And How We Draft to Avoid Them
- Over‑restrictive instructions and unlawful limitations
- Problem: Absolute prohibitions (such as “never sell my home”), impractical consultation clauses, or requirements involving non‑attorneys can be invalid or unworkable and may prevent registration.
- Risks: Operational deadlock in a crisis, delayed access to funds for care, and potential CoP applications.
- Our approach: Use “preferences” for guidance, keep any “instructions” narrow, necessary, and MCA‑compliant, and set clear triggers (for example, allow a sale only if needed to fund care and after two independent valuations).
- Jointly appointed attorneys unable to act
- Problem: A “joint” appointment requires all attorneys to act together for every decision. If one dies, lacks capacity, or is unwilling to act, the authority usually fails unless a replacement is named.
- Risks: Banks and care providers cannot accept instructions; urgent decisions stall; emergency CoP applications may be required.
- Our approach: Recommend “jointly and severally” for day‑to‑day practicality. Where appropriate, define “major decisions” to be joint, while allowing flexibility for others. Always appoint suitable replacement attorneys.
- Attorney financial abuse or poor decision‑making
- Problem: Misuse of funds (excessive gifts, personal loans, speculative investments, conflicts of interest) or weak record‑keeping.
- Indicators: Unexplained withdrawals, changes in spending patterns, refusal to share accounts, or gifting outside section 12 MCA parameters.
- Consequences: OPG investigation, removal, repayment orders, civil liability, and possible criminal proceedings.
- Our approach: Build practical safeguards (dual sign‑off for large transactions; clear spending thresholds; independent oversight), ensure separate donor accounts, and obtain CoP authority for gifts or transactions beyond ordinary powers.
- Capacity and certification pitfalls
- Problem: Weak or absent capacity evidence at execution, or a certificate provider without sufficient knowledge of the donor, may lead to OPG queries or refusal.
- Our approach: Coordinate contemporaneous capacity assessments where appropriate and use an informed certificate provider with suitable professional standing or personal knowledge.
- Identity, execution and notification errors
- Problem: Name/date mismatches, incorrect signing order, missing attorney signatures, or errors in notifying named persons.
- Risks: Rejection and re‑submission (potentially at the new fee) and delays.
- Our approach: Rigid adherence to signature sequence, identity checks, and up‑to‑date OPG forms; internal pre‑submission audit to reduce requisitions.
- Third‑party recognition and access
- Problem: Institutions not recognising unregistered or defectively drafted LPAs.
- Our approach: Prompt registration, correct certified copies, and use of the OPG’s digital access codes to facilitate swift recognition by banks and care providers.
For more information about LPA click the link https://www.clodes-solicitors.com/service/lasting-power-of-attorney/
Deputyship: When There Is No Valid LPA or an LPA Fails
- Timescales and urgency: Deputyship orders generally take longer than LPA registration. Interim orders can be sought to authorise urgent payments or safeguarding steps.
- Supervision and security: Deputies are overseen by the OPG, may need a security bond, and must keep detailed accounts and decision logs for annual reporting.
- Professional deputyships: In complex or contested family situations, a professional deputy can reduce risk, ensure compliance, and provide continuity.
Typical deputyship applications:
- Property and Financial Affairs deputyship for ongoing financial management
- Health and Welfare deputyship in exceptional cases where ongoing welfare decisions require Court oversight
- Specific issue applications (property sale, authority to litigate, investment changes)
- Statutory wills and authority for gifts beyond section 12 MCA
For more Deputy information click the link https://www.clodes-solicitors.com/service/deputyship/
Why Instruct This Firm
- Accredited mental health law expertise with strong understanding of MCA 2005 principles
- Litigation‑ready drafting to avoid operational deadlocks and reduce OPG requisitions
- End‑to‑end service: drafting, registration, compliance, and contested CoP proceedings
- Local availability: Cardiff Gate office, Cardiff City Centre appointments, and visits anywhere in Wales (home, hospital, or care home)
Services
- LPAs: Property and Financial Affairs; Health and Welfare; tailored preferences/instructions; certificate provider services
- Deputyship applications: property/financial and health/welfare; urgent/interim orders
- Statutory wills; authority for gifts/loans/investments beyond section 12 MCA
- Ongoing compliance: deputy reporting, investment governance, and property transactions
- Safeguarding and disputes: OPG investigations, removal/replacement of attorneys or deputies, CoP litigation
FAQs
- When do OPG LPA fees increase to £92?
- The OPG will charge £92 per LPA for applications it receives on or after 17 November 2025. The receipt date, not the signing or posting date, determines the applicable fee.
- Is it better to appoint attorneys jointly or jointly and severally?
- For most donors, “jointly and severally” provides practical flexibility and continuity if one attorney cannot act. If joint decision‑making is desired for major transactions, specify those decisions precisely (for example, property sale or gifts beyond section 12 MCA) while allowing day‑to‑day decisions to be made individually. Always name replacement attorneys.
- What happens if an attorney misuses funds under an LPA?
- Misuse includes transactions not in the donor’s best interests, gifts or loans outside section 12 MCA, conflicted dealings, or poor records. The OPG can investigate, require full accounts, direct repayment, and seek removal or restrictions via the Court of Protection. Civil claims for breach of fiduciary duty and, in serious cases, criminal proceedings for fraud or theft may follow. Immediate protective steps can include notifying the OPG, securing bank accounts, seeking interim CoP orders (for suspension or appointment of a deputy), and engaging police or safeguarding teams where appropriate.
- Do I need both LPAs?
- Yes in most cases. The Property and Financial Affairs LPA authorises banking, paying bills, investments, property transactions, and dealings with HMRC and utilities. The Health and Welfare LPA covers medical consent, care arrangements, residence, and (if granted) life‑sustaining treatment decisions. Institutions generally require the specific registered instrument for the relevant decision. Having both avoids gaps, reduces delay, and permits different appointees and tailored safeguards for each sphere.
- Can attorneys act before registration?
- No. An LPA has no legal effect until the OPG has registered it. Before registration, third parties are entitled to refuse instructions from proposed attorneys. After registration, attorneys must act within the scope of the instrument, follow MCA 2005 principles, keep proper accounts and decision records, and seek Court authority where required (for example, for substantial gifts). If urgent decisions are needed before registration (or where no LPA exists), an interim Court of Protection order may be sought.
Contact
For tailored advice, LPA drafting that avoids common pitfalls, or to submit applications in light of the 17 November 2025 fee increase, contact Clodes Solicitors, Cardiff Gate, on 02920 765050 or submit an enquiry at Contact Us | Clodes Solicitors. Appointments available in Cardiff City Centre and across Wales and West of England at your home, hospital, or care home.
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