Thousands of people are rushing to make use of powers to appoint relatives to protect them and their affairs if they become mentally incapable before a change in the law on Monday.

Solicitors say that they are being deluged by anxious clients wanting to appoint people to manage their affairs should they lose their mental faculties because of fears that the new system will be much more complex and costly.

From next week, the existing enduring power of attorney is replaced with a new lasting power of attorney that is aimed at giving the elderly greater protection.

For the first time also it gives advance directives — or living wills — statutory authority, enabling people to set out whether they want to be given life-sustaining treatment should they lose their mental faculties.

At present only 2 million people have powers of attorney although increasing numbers of people are suffering from dementia or other mental incapacity.

Ann Stanyer, from the law firm Hyde Mahon Bridges and a member of the 800-strong Solicitors for the Elderly, said: “We are a relatively small firm but we have had about 40 or 50 new inquiries this week — a significant increase — because people want to get in under the old system.”

She said that the new scheme involved two powers of attorney — one to deal with finances and property and the other health and welfare.

Each would have to be registered at a cost of £150 each (instead of the single fee of £120) and then she estimated that people would need two to three hours of help and advice from solicitors dealing with the much longer forms, which could increase costs to £1,000.

But Richard Brook, the new Public Guardian whose office will administer the scheme, denied that costs would significantly increase.

Solicitors had indulged in a “clever public relations exercise, advertising to encourage people through their doors to take out powers of attorney under the old scheme”.

He said the hope was that in many cases people would be able to complete the new longer forms themselves, or obtain advice from a source such as an advice bureau, with no need for a solicitor.

He said that the new scheme had many advantages over the old. The lasting powers of attorney had to be registered before use (with the Office of the Public Guardian). At present, people appointed attorneys register the power only when their relative becomes incapable but often they did not, and just used it regardless, he said.

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