We can assist and advise you in connection with the preparation and registration of Lasting Powers of Attorney.
We can also discuss with you the need for a Power of Attorney and possible available alternatives.
We are experienced in dealing with the registration of Enduring Powers of Attorney and the preparation of General Powers of Attorney.
Lasting Powers of Attorney
An LPA is a legal document that appoints someone you trust to be your Attorney, to make decisions on your behalf, if the time comes when you are physically or mentally incapable of handling either your property and financial affairs or your own personal welfare.
Court of Protection
In the event that a person has not made a Lasting Power of Attorney (or if their previous arrangements are no longer suitable) and now lacks sufficient understanding to do so, it will be necessary to make an application to the Court of Protection in order to appoint someone to deal with matters for them.
Our experienced team can assist you with this complicated and lengthy procedure and help to make it as painless as possible for all involved.
Court of Protection (OPG) fee refund scheme
The Office of the Public Guardian (OPG) are refunding some Deputy Supervision fees for the period 1 April 2008 to 31 March 2015. Some refunds are automatic and some need to be applied for.
Please see https://www.gov.uk/government/news/deputyship-fee-refunds-scheme-launched for further details. The claim only needs to be made where the “Patient” has died or recovered from mental incapacity.
Deputy cases that are still ongoing will be contacted by the OPG.
Office of the Public Guardian (OPG) fee refund scheme
During the period 1 April 2013 to 31 March 2017, the Office of Public Guardian overcharged for the administration of the LPAs and EPAs and the Government from 1st February 2018 has now set-up a refund scheme.
Are you entitled to a fee refund?
If you or a member of your family have registered a Lasting of Power of Attorney (LPA) or an Enduring Power of Attorney (EPA) between 1 April 2013 and 31 March 2017 you should be entitled to a part refund of the application fee you paid.
How much is the refund?
The amount of the refund depends on the date you applied for the registration of the LPA or EPA. Please see below a table providing the dates and rates of the refund:
- April 2013 to September 2013 £54.00
- October 2013 to March 2014 £34.00
- April 2014 to March 2015 £37.00
- April 2015 to March 2016 £38.00
- April 2016 to March 2017 £45.00
You should also be entitled to interest of 0.5% on the amount you are refunded.
Who can claim a refund?
- The ‘donor’ – the person who made the power of attorney or
- An ‘attorney’ – appointed by the donor in an LPA or EPA
The refund however must be paid to the donor.
How to claim your refund
You can complete an online claim form through the government website. Please see the website link below and click on Claim a Refund Online: www.gov.uk/power-of-attorney-refund The online form takes around 10 minutes to complete and you will need the donor’s UK bank account number and sort code in order to receive the refund. You will also need the reference number from the power of attorney document.
How long will the refund take to be processed?
It takes up to 12 weeks for your claim to be processed. If your claim is approved, the refund will be paid to the donor’s bank account. You can appeal a decision if your claim is rejected by contacting the Refunds Helpline (0300 456 0300).
If the donor has died
If the donor has died then you’ll need to send the following documents before you make a claim:
- Death certificate of the deceased donor
- Grant of representation (for example, grant of probate or letters of administration) or a Will
When the POA Refunds Team have received your documents, they will phone you to complete your refund.
Further guidance and assistance if required:
Please contact Pinkney Grunwells Lawyers LLP, at any of our offices, if you have any further queries.