Government refund if you applied for a Lasting Power of Attorney

In a very rare, but very welcome development, the government is offering refunds to people that it has decided that it overcharged in the past. If you applied for a Lasting Power of Attorney between the dates of 1 April 2013 and 31 March 2017 you are entitled to a partial refund of your fee.

Partner Lauren McIntosh said, “This is an excellent precedent and we hope to see many other government fee structures being reviewed in the near future.

The rationale behind the refund is that the operating costs of the Office of the Public Guardian (OPG) came down in the period in question. More people became aware of Powers of Attorney and more people applied over the period whilst the process of dealing with them became more efficient, not least because much of it is now done online. As a result of this, the OPG reduced the cost of application, with effect of April 1 2017, to £82. The OPG has now launched a scheme to provide a partial refund to those applicants who overpaid in the past.

Since 1st February 2018 all those eligible for a refund can apply online to OPG for refunds of between £34 and £54 per LPA; depending upon the fees in force when they actually applied. Either the donor (the person who made the LPA) or one of the attorneys (appointed by the donor in the LPA) can apply for the refund, although the cash will only be paid into the bank account of the donor. 

Arrangements are in place in the event that the donor has died since the LPA was put in place. 

For more information from OPG you can call 0300 456 0300 during business hours or you can go online to register your claim at www.gov.uk/power-of-attorney-refund.  

If you would like assistance in relation to a Lasting Power of Attorney or in relation to writing or amending your will, call Lauren or someone from her team on 01329 822333.

Is a worker employed or self-employed?

June 2018

Following a recent high profile Court case, partner Andrew Bryan poses the Question “When is a worker an employee rather than a self-employed contractor?”

More Info

Upskirting Law moves a step closer

June 2018

After the recent private members bill on ‘upskirting’ was so spectacularly and publicly blocked in parliament recently, the Government has finally stepped in to take action.

More Info

Commonhold – a different option for owning property

June 2018

Partner, Liz Moger, comments that the Law Commission is asking flat owners, housebuilders, mortgage lenders and lawyers to help shape a law which could help people own their flats outright.

More Info

High Court Rules that female cohabitee is entitled to share of deceased partner’s estate

May 2018

Solicitor Gemma Nolan comments on a recent landmark ruling where the High Court has found in favour of a 79 year old woman, after her partner of 42 years left her out of his will.

More Info

We’re proud to be associated with

  • The Law Society, Conveyancing Quality Accredited logo
  • The Law Society, Children Law Accredited logo
  • The Law Society, Criminal Litigation Accredited logo
  • The Law Society, Family Law Accredited logo
  • The Law Society, Family Law Advanced Accredited logo
  • The Law Society, Lexcel Accredited logo
  • Solicitors For The Elderly Accredited logo
  • Society of Trust and Estate Practitioners logo
  • Dementia Friends logo
  • Resolution logo