Kent residents who have recently made a Lasting Power of Attorney urged to check eligibility for a refund

£77 million is still unclaimed…

Kent law firm Furley Page is urging local people to check their eligibility for a lasting power of attorney (LPA) fee refund, after almost two million people were overcharged by the Office of the Public Guardian (OPG) between 2013 and 2017.

Claimants can expect to receive a refund of up to £54, with any accrued interested since the registration was made.

So far, only 200,000 of the 1.8 million people owed have claimed their refund. In total, £12 million has been paid out, with over £77 million yet to be claimed.

An LPA is an important legal document that gives a loved one the power to make decisions on behalf of a family member when they can no longer do so, for example if they lose mental capacity. There are two types of LPAs; one for property and financial affairs and the other for health and welfare.

Val Prosser, Senior Associate and Elderly and Vulnerable client specialist at Furley Page said: “The refund option has been available for some time now but only a small proportion of people have submitted a claim. Hundreds of thousands of people have been affected by this error, so there are clearly still many people out there who are eligible for a refund.

“Anyone who feels as though they are due a refund has until February 2021 to apply. It takes about ten minutes to claim online and applicants only need the donor’s bank details and a copy of the LPA, if they have it.”

To apply for a refund visit: http://gov.uk/power-of-attorney-refund

If you need help or more information about making a claim, there’s a Refunds Helpline you can contact, either via telephone on 0300 456 0300 or email poarefunds@justice.gov.uk

The exact amount will depend on when the registration was made, and claims must be made by 1st February 2021.

Anyone requiring further information about the creation of LPA’s is invited to contact the Vulnerable Client Team at Furley Page.

Notes to editors

Val Prosser

Val Prosser is a member of Solicitors for the Elderly https://sfe.legal/

What is a Lasting Power of Attorney (LPA)?

An LPA is a powerful legal document, which allows a person (or ‘donor’) to choose one or more individuals (known as attorneys) to handle their affairs in the event that they are no longer able to do so themselves, for example if they lose mental capacity. Attorneys are usually trusted family members or friends, but people can also select a legal professional as their attorney. 
 
An LPA must be put in place while a person has the mental capacity to do so. It’s important to plan ahead and get your wishes down on paper as early as possible to ensure that whoever you choose to manage your affairs can retain control, should you lose capacity.

There are two types of LPA: a health and welfare LPA (H&W LPA), and a property and financial affairs LPA (P&F LPA). The former covers things like choices around care plans, medical treatment and end of life wishes. The latter deals with the management of property, other assets, bank accounts and bill payments.