Are you due a refund of overpaid Lasting Power of Attorney fees?

August 2017

Hundreds of thousands of people may be owed a refund having been overcharged registration fees when applying for a Lasting Power of Attorney (LPA) in the past 4 years.

An LPA is a document which allows you to choose who can make financial and/or health decisions on your behalf. These are vital documents and over 2.5 million have been registered in England and Wales in the last decade. Before an LPA can be used it must be registered by the Office of the Public Guardian (OPG) and usually a fee is payable to do this (though remission or exemption of these fees is available in limited circumstances).

The fees of the OPG were only supposed to cover the administrative charges of running the office but the increase in the number of applications made resulted in an £89 million surplus. To address this the fee to register LPAs was reduced to £82 (from £110) in April this year. This suggests that prior to the reduction people may have been overcharged by around £28 per LPA that they registered.

The Ministry of Justice has now said that a refund process will be announced “in due course”. How this process will be managed as yet remains unclear but we will keep you updated as further news comes to light.

In the meanwhile, if you would like more information about making a Lasting Power of Attorney, contact Lucy Watson or Sarah Parker.

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