From 1st February 2018, the Ministry of Justice has launched a refund scheme for certain Lasting Power of Attorney or Enduring Power of Attorney applications.
The establishment is aiming to reimburse individuals charged more than necessary for applications to register Lasting Power of Attorney (LPAs) or Enduring Power of Attorney (EPAs) between 1 April 2013 and 31 March 2017.
Applicants during this qualifying period are entitled to apply for a refund through the scheme; they can claim through the OPG online by completing a quick and simple form. Applicants without access to a computer, where the donor does not have a UK bank account or indeed where the donor has died, or where you are a Court-appointed deputy, the claim can be made via telephone on 0300 456 0300.
One form needs to be completed for each donor and the OPG will identify all higher fees charged during the qualifying period, and refunds will be made accordingly. Depending upon the fees paid, applicants may also receive 0.5% interest. The refund must be paid to the donor and will go directly to the donor’s bank account.
It may take up to 12 weeks for the claim to be processed. If an applicant is unsure as to when the fee was paid, a claim may still be pursued; the OPG will identify if the payment was made during the qualifying period.
If a payment was made as a reduced fee (‘remission’), reimbursement is limited to half the refund which will be returned to the donor’s bank account.
If you would like more legal advice relating to pursuing a refund against a Lasting Power of Attorney or Enduring Power of Attorney application, or if you’d like to understand more about this process as a whole, please contact our Private Client Department on 01708 229444 or email us using the form to the right.This article was written by Kerry Hull, Senior Associate at Pinney Talfourd LLP Solicitors. The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. Specific legal advice should be taken on each individual matter. This article is based on the law as of February 2018.