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LPA fee refund

Posted: February 12th, 2018, 1:02 pm
by Clitheroekid
For anyone who's registered a Lasting Power of Attorney between 1 April 2013 and 31 March 2017 you may be able to claim a partial refund of the fee paid.

This is because the Government have discovered that the cost of doing the work was less than the fee charged.

The amounts involved are trivial - between £34 and £54, but I thought I'd mention it. More details here - https://www.gov.uk/power-of-attorney-refund

As a side note I have to say that this seems to be one of the most ludicrous wastes of government funds that I've ever seen. They are supposedly strapped for cash, imposing austerity right left and centre, yet they have spent God knows how much on costing the work done, calculating the difference and then setting up and administering a refund scheme that most people won't know about and that those who do won't bother using.

I'm quite sure that the cost of the exercise will far outweigh any individual benefit that attorneys may receive, and I'm frankly at a loss to understand the thinking (assuming there was any) behind such a ridiculous scheme.

It's also failed to take into account that a very large proportion of LPA's are made by people like me on behalf of clients. In order to fulfil my professional responsibilities I now have to trawl back through archived files for the past 5 years, retrieve them from archive, attempt to contact the client and then explain the potential refund. Many such clients are elderly and not computer literate, so I'll end up having to make the claim on their behalf, deal with receiving payment and then transfer the funds to them.

The total cost to me and other similar professionals will far outweigh the trivial sums on offer, but even if we were minded to charge for the work it's not even worth invoicing the client for such a petty amount, so it will all end up being done on a goodwill basis whether we like it or not.

I'm now living in dread that the Land Registry or the Court Service will now do a similar exercise, so that we can - correction, will be expected to - claim a refund of £12.90 for each of the hundreds of LR applications or court fees paid over the last few years!

Re: LPA fee refund

Posted: February 12th, 2018, 4:22 pm
by Parky
Thanks for the information CK. I have just applied for refunds for myself and my wife. It took about 15 minutes, including finding the LPAs. A refund of £37 each equates to "earning" £296 per hour. I realise that to lawyers this is a trivial amount, but to me it was well worth the effort! :D

Re: LPA fee refund

Posted: February 13th, 2018, 2:51 pm
by dionaeamuscipula
Clitheroekid wrote:
It's also failed to take into account that a very large proportion of LPA's are made by people like me on behalf of clients. In order to fulfil my professional responsibilities I now have to trawl back through archived files for the past 5 years, retrieve them from archive, attempt to contact the client and then explain the potential refund. Many such clients are elderly and not computer literate, so I'll end up having to make the claim on their behalf, deal with receiving payment and then transfer the funds to them.




I've had a letter from my mother's lawyer telling me about this. They have just told me, and left it up to me to make a claim.

DM

Re: LPA fee refund

Posted: February 13th, 2018, 4:45 pm
by Slarti
Clitheroekid wrote:The amounts involved are trivial - between £34 and £54, but I thought I'd mention it. More details here - https://www.gov.uk/power-of-attorney-refund

As a side note I have to say that this seems to be one of the most ludicrous wastes of government funds that I've ever seen. They are supposedly strapped for cash, imposing austerity right left and centre, yet they have spent God knows how much on costing the work done, calculating the difference and then setting up and administering a refund scheme that most people won't know about and that those who do won't bother using.

I'm quite sure that the cost of the exercise will far outweigh any individual benefit that attorneys may receive, and I'm frankly at a loss to understand the thinking (assuming there was any) behind such a ridiculous scheme.


It is probably because the Office of The Public Guardian is a "cost neutral" agency of the government who is not allowed to make a profit or loss on any part of their "business" and can not "cross subsidise" between sections of the business.

I have done work on the accounting systems of 3 agencies like that, where the statutory fee for a job, as laid before Parliament is X, but for some reason it only costs .9X and they either have to reduce the fees, do a refund, or cancel invoices issued and re-invoice at the lower rate. Depending on where in the invoicing cycle it was realised that costs were down, or income up.



But that aside, thanks for the heads up. I've done our refund claims and am looking forward to receiving our two lots of £76 back.

Slarti