McHale & Co. Solicitors Blog

Government Owes Millions from Lasting Powers of Attorney

The government is being forced to offer refunds of up to over £50 to people who applied for a Lasting Power of Attorney between 1 April 2013 and 31 March 2017.


The office of the Public Guardian is not allowed to make a profit on this work but failed to reduce prices after the costs of providing the service went down.  This means that around 1.8 million customers across the country were overcharged by up to £54.


A Lasting Power of Attorney allows you to select someone to look after your property and financial affairs or your health and welfare if you lose the capacity to do so yourself. However, it is too late to obtain an LPA if capacity has already been lost and the only alternative is to submit an application to the Court of Protection, which costs more and takes longer to obtain.


Dementia-related illnesses are on the rise in today’s ageing population, with projections from the Alzheimer’s Society forecasting that over a million people will be affected by dementia by 2021. In addition, car accidents and sports injuries resulting in concussion are common occurrences that can cause anyone at any age to lose capacity.


For couples who maintain separate bank accounts you will have difficulties accessing your partner’s funds should they lose capacity, and we have also have also encountered instances where banks have frozen joint accounts in certain circumstances.


You can obtain an LPA yourself, but to avoid any mistakes when submitting an application, which would lead to extra fees, it is worthwhile to acquire a fixed-price quote from a Solicitor.


Here at McHale & Co, we have several qualified professionals who can explain the risks and how to protect yourself so that you fully understand what the process involves.


To get started, give us a call and ask for Philippa Wright on 0161 928 3848 or email at


Alternatively, if you have already secured an LPA and qualify for a refund, claims can be made by the donor – the person who made the power of attorney – or an attorney – appointed by the donor in an LPA – although the refund must be paid to the donor.


This can be carried out by clicking the link here to access the government website and filling in the form, which should take around 10 minutes to complete.


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