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Office of the Public Guardian launches power of attorney refund scheme

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Is it possible to apply for a Lasting Power of Attorney during COVID-19?

If you applied to register a power of attorney in England or Wales between 1st April 2013 and 31st March 2017, then you may be eligible to receive a refund of part of your application fee. The refund applies for both lasting powers of attorney (LPA) and enduring powers of attorney (EPA).

The Office of Public Guardian (OPG) is a government body who protect people who do not have the mental capacity to make decisions for themselves, in particular, decisions about their health and welfare or finance and property.

The OPG has announced that due to an increase in applications, the process of registering a power of attorney became much more efficient and therefore the fee it charged to register a power of attorney was not justified for the work carried out. It has therefore confirmed that it will be reimbursing people with a partial refund although the donor or attorney will have to apply for it themselves. 

You are entitled to claim a refund if you’re the donor or attorney of the power of attorney but the refund will only be paid to the donor.   

The fee for registering LPA’s was reduced from £110 to £82 on 1st April 2017. Stephensons hope that the reduced fee for registering a LPA will mean that more people decide to put a LPA in place.   

A LPA is an important legal document which allows you to appoint someone to deal with your affairs on your behalf and make decisions for you should you become unable to do so. There can be difficulties for family and friends if a LPA is not in place when someone loses mental capacity. If this happens, an application for a court order will have to be made which is a lengthy process and can be very costly. Further, it will be up to the court to choose who makes the decisions. 

More information about LPA’s can be seen in our video:

If you would like to discuss making Lasting Powers of Attorney then please do not hesitate to contact Stephensons Wills and probate department on 01616 966 229.

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