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By Nicolae Trofin

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Power of attorney refund scheme launched

A refund scheme for those who have been overcharged for their power of attorney fees has been launched today.

In an announcement made by the Ministry of Justice (MoJ), the refunds are being offered to those who may have been charged more than was necessary when they applied to register for powers of attorney between 1 April 2013 and 31 March 2017.

Plans to repay those who were overcharged were originally announced in July last year. At the time, the expected total was around the £89 million mark.

According to the MoJ, the process to register for enduring powers of attorney became more efficient during this period and as a result, operating costs for the Office of the Public Guardian came down. However, the fee charged for the application did not reduce in line with this. The fee was subsequently lowered by the MoJ, a change which came into effect 1 April 2017.

Now, they have launched a refund scheme for those who paid the higher fee during the qualifying period.

Claims for full and partial refunds can be made by the donor via an online service, with only one form needing to be completed for each.

The Ministry of Justice has confirmed that the number of applications eligible for the refund is around 1.7 million.

A number of regulatory organisations and professionals from within the sector have shared their thoughts on the launch of the refund scheme.

The Institute of Professional Willwriters said: “The Ministry of Justice are doing the right thing in giving the refunds, but surely as they know who they owe it to, a mail merge and cheque to the relevant people is the fail safe way forward surely? More money will be wasted in adverts telling people they should claim and those who have since died or lost their faculties will often not be able to do anything, Come on MOJ please do the right thing!”

The Society of Will Writers said: “The SWW welcomes the news that those who have overpaid will have the opportunity to a refund and would certainly be interested to know how the OPG intends to notify those parties who have registered LPAs how they can go about claiming a refund. Presumably, they are the only organisation with access to this collective data. The SWW as a membership body will use our distribution channels to notify members who have assisted their clients over this time frame. I dare say that the administration of the refund scheme will more than eat up the savings made and I sincerely hope we don’t see any costs passed on to those who register their LPA over the next couple of years.”

A spokesperson for the Law Society stated: “The justice system should not be set up to make a profit, and we are pleased the government is proactively addressing this issue.

“We want to encourage people to plan their futures – which may include registering a power of attorney. Making this process affordable and accessible is an important step in promoting them as an option.”

For any matters about Power of attorneys Free Consultation is available if you live in Bexhill, Hastings, Battle, Rye, Hailsham, Eastbourne or anywhere else in East Sussex.

This message was added on Friday 2nd February 2018

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