MoJ begins refunding Power of Attorney overpayments

The Ministry of Justice (MoJ) has started giving refunds to people who were overcharged when setting up lasting powers of attorney (LPA).

It has set aside £90m to cover the cost of the refunds.

Between April 2013 and March 2017, the operating costs of the Office of the Public Guardian (OPG) came down as more people applied to register a power of attorney and the process became more efficient, but the application fee charged was not reduced accordingly.

The fee to register an LPA was eventually reduced in April last year, from £110 to £82. The fee for resubmitting an LPA for registration was cut from £55 to £41.
People who were overcharged before the reductions were made can make a claim by filling out a form online or calling the dedicated refunds helpline on 0300 456 0300.

One of the reasons for the popularity of powers of attorney is that they offer you protection in case your health deteriorates to such a point in the future that you are no longer able to make decisions for yourself.

An LPA helps prevent these problems because it enables you to nominate someone in advance to make decisions on your behalf if you ever lose the ability to do so yourself through illnesses such as dementia.

The property and finance LPA allows you to appoint someone to look after your financial affairs.

The personal welfare LPA lets you grant an attorney authority over such matters as health care and the kind of treatment you receive.

Please contact Jonathan King if you would like more information about lasting powers of attorney.