Thousands expected to apply for refunds of LPA application fees

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The Ministry of Justice has announced that a refund scheme is now in place for people who have been overcharged for their Lasting Power of Attorney registration fee.

The refunds are being offered to those who may have been charged more than was necessary when they applied to register for powers of attorney between 1 April 2013 and 31 March 2017.

According to the MoJ, the operating costs of the Office of the Public Guardian decreased between 2013 and 2017, however, the fee charged for the application did not reduce in line with this. The fee was subsequently lowered by the MoJ from 1 April 2017 from £110 to £82.

Plans to repay those who were overcharged were announced in July 2017 and estimates placed the expected total to be around the £89m mark.

There are two types of Power of Attorney, one for finance and property and another for health and welfare. Some will have registered both, so can claim a refund of up to £112.

Claims for full and partial refunds can be made by the donor (the person who made the Power of Attorney) or the attorney (the person appointed by the donor) via an online service.

A spokesperson for the Law Society said: “The justice system should not be set up to make a profit, and we are pleased the government is proactively addressing this issue.

“We want to encourage people to plan their futures – which may include registering a power of attorney. Making this process affordable and accessible is an important step in promoting them as an option.”

For those who believe they are eligible, claims can be made via www.claim-power-of-attorney-refund.service.gov.uk or phone the Office of the Public Guardian’s helpline on 0300 456 0300 and select option six. 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

Need more help and advice around Probate, Power of Attorney or thinking of making a will? Contact one of our specialists today to make an appointment for some friendly, straightforward legal advice, call 01538 399199.