Probate solicitors have accused the Office of the Public Guardian of discriminating against the elderly through delays, high prices and excessive bureaucracy.

The OPG’s function is to safeguard the interests of vulnerable people, including those who have lost mental capacity through old age or illness. In October 2007 it replaced the enduring power of attorney (EPA) with the lasting power of attorney (LPA), which was intended to reduce the risk of exploitation through fraud or duress.

However, of 9,263 applications made over the scheme’s first six months, only 1,256 were registered successfully.

Helen Freely, a private client partner at London firm Ambrose Appelbe, said that since the four-page EPA was replaced by the 25-page LPA, the form has taken months rather than days to process – and so become more expensive. ‘We used to charge £100 plus VAT for an EPA, but now charge between £600 and £800 plus VAT and a registration fee for an LPA.’

Elainne Lawrie, head of probate at Wirral firm Lees Lloyd Whitley, accused the OPG of giving contradictory and unsupported information, and often returning forms because one box was left unticked. ‘Most of my elderly clients are compos mentis, but they are treated like idiots,’ she said. ‘If they did this to children, there would be a public outcry. But because they are elderly, nobody gets excited.’

Helen Clarke, chairwoman of the Law Society wills and equity committee, said she had written to the Ministry of Justice. ‘We are now working with the OPG to iron out the difficulties,’ she said.

Public Guardian Martin John blamed a backlog in dealing with applications. ‘Since last autumn, applications are being processed within published timescales of nine weeks,’ he said. ‘The OPG has now consulted on making the forms easier to complete.