Category: Lasting Power Of Attorney
Power Of Attorney Refund Scheme Launched
A refund scheme for those who have been overcharged for their power of attorney registration fees has recently been launched.
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 the 1st of April 2013 and the 31st of March 2017.
It has come to our attention today that The Office of the Public Guardian for England and Wales (OPG) has admitted to charging excessive fees for issuing powers of attorney for the past four years and full details of a refund scheme will be announced ‘in due course’.
Lasting Power of Attorney Fee Reduced
From 1st April 2017, the fees for applying to register Lasting Powers of Attorney (LPA) have been reduced from £110 for each Lasting Power of Attorney. To £82, with the fee for resubmitting a Lasting Power of Attorney for registration reducing from £55 to £41.
There are many reasons why a person in your life may no longer be able to manage their own financial affairs. Or make informed decisions about their personal welfare.
When this happens it is called “loss of mental capacity”. Illnesses such as Alzheimer’s, Parkinson’s and other forms of Dementia can often be the cause of someone losing the ability to make their own decisions.
A lasting power of attorney (LPA) is a legal document that allows you the ‘Donor’ to nominate someone you trust as an ‘Attorney’ who will have the power to make decisions on your behalf if you lose the mental capacity to make decisions for yourself in the future.
Types of Lasting Power of Attorney
There are two different types of Lasting Power of Attorney (LPA).
A Power of Attorney is a legal document created by an individual (Donor) which grants authority to another person (An Attorney) to take care of some or all aspects of their financial affairs and other matters.
There are various types of Powers of Attorney, the purpose of this article is to explain the different types of Power of Attorney in more detail.
Ordinary Power of Attorney
A General Power of Attorney is not the same as a Lasting Power of Attorney.
A Lasting Power of Attorney (LPA) is required if a donor loses the mental capacity to make decisions for themselves. There are two different types of LPA, one to manage a person’s Property & Financial Affairs and another to manage their Health & Welfare.
A General Power of Attorney is more of a short-term arrangement providing a limited grant of authority to deal with a donors financial affairs but does not continue if a donor loses the mental capacity to make decisions for themselves.
The number of Lasting Powers of Attorney applications submitted to the Office of the Public Guardian has increased significantly in recent years. With 200,000 applications made in 2011 to 2012, 242,000 in 2012 to 2013 increasing to 295,000 in 2013 to 2014.
On the 21 of August 2014, Justice Minister Simon Hughes announced that as part of the Transforming Government Services to make them more efficient and effective for users. Lasting Powers of Attorney should become both easier and simpler for people to make.
When a donor makes an application to register a Lasting Power of Attorney they may be entitled to an Exemption or Remission of the application fee based on their financial circumstances.
If eligible for Exemption the donor does not have to pay the OPG (Office of the Public Guardian) application fee.
If eligible for Remission the donor receives a 50% fee reduction of the OPG application fee.