Member Article

Millions of People Entitled to Power of Attorney Refunds

Leading Yorkshire law firm LCF Law is advising anyone who has made a Power of Attorney arrangement over the last five years, to take advantage of a new scheme that enables them to claim a refund for part of the registration fee from the Ministry of Justice.

Refunds are available to anyone who registered either a Lasting or Enduring Power of Attorney between 1 April 2013 and 31 March 2017. The Office of the Public Guardian (OPG) was initially charging £110 to set up each type until April 2017 when it dropped the cost to £82 after building up an £89m surplus of funds. As a result, an individual who registered for both types of Attorney can claim back up to £108, plus interest paid at 0.5%.

Ann Christian, a partner at LCF Law, says: “In recent years people have been encouraged to register Powers of Attorney, to ensure their health, welfare, property and financial affairs can be managed by a trusted person, known as the Attorney, should they become incapacitated. Many more people signed up than was initially expected, which enabled The OPG to make the process more efficient and cost-effective, and therefore reduce the application fee.

“It’s estimated that up to two million people could be eligible for a refund, ranging from £34 to £54, plus interest, per Attorney. In many cases, couples who registered both types of Attorney are entitled to £216 plus interest. Claims can be made by either donors or Attorneys and the system is very straightforward, so it can be done over the phone or online.”

Ann adds: “The OPG’s fee reduction means it’s even more affordable for people to register Power of Attorneys and secure their future, should they lose the ability to make decisions for themselves. Often people wrongly believe a next of kin can act on their behalf, but this is a common misconception and makes a Power of Attorney just as important as a will.

“However, by their very nature, they can be extremely complicated areas of the law and create emotional and moral issues. Plus, poorly written ones might not work as intended so it’s important to seek specialist advice from a reputable solicitor who will oversee the entire process.”

Anyone wanting to make a claim should visit https://www.gov.uk/power-of-attorney-refund or call the OPG’s claims helpline on 0300 456 0300.

LCF Law is a leading commercial law firm that works with both businesses and private individuals. The long-established firm employs more than 135 people across offices in Leeds, Bradford, Harrogate and Ilkley.

This was posted in Bdaily's Members' News section by Steven Wright .