How do I cancel Lasting Powers of Attorney?
Posted on 8th April 2019 at 10:46
When your loved one passes away, there can be so many services that you have to cancel: the TV services, their gas or electric, their mobile ‘phone – the list goes on and on. A common thing that people do not think they need to cancel is their families’ Lasting Power of Attorney documents.
But, how do you cancel the documents? Can you get a refund?
So, let’s tackle cancelling the documents first. You should first of all contact the Office of the Public Guardian to notify them of the death. You can find their contact details here. They will most likely ask you for details such as the date of death of your loved one, their full name and, if you have the information available, the registration numbers of their LPA documents. Once you have provided them with this information, they will most like request that you send the documents to them, along with a copy of the death certificate (to get a certified copy, see your expert solicitors in Preston’s blog, here). The OPG will then cancel the documents, and usually return these to you.
At this stage, there will generally be no refund due to you as the fees paid covered the costs of registering the documents at the time. However, as the fees have changed over the years, you may be entitled to a partial refund from the time they were registered, which you can find out more information about here.
However, if you’re loved one dies whilst they were in the process of making an LPA, then the process can be slightly different. If you’re using the services of the Wills and Probate Solicitors in Preston, you would need to contact them and provide the original death certificate. They will contact the OPG on your behalf, usually by telephone, and then send a certified copy of the documents off to the OPG, asking for the cancellation of the registration of the documents. If this happens within a set time period of the documents being submitted for registration (usually within 8 weeks), your Probate Solicitors in Preston can apply for a refund on your behalf.
The refund due will depend on the amount paid originally, but this will usually range from £42.00 (if the donor was entitled to a 50% fee remission, and only applied for one LPA), to £164.00 (if the donor was entitled to no remission, and applied for both types of LPA). Once the refund has been received, which can take a further 6 weeks for the OPG to process, your Probate Solicitors in Preston will need confirmation of who to refund the cheque to. Whilst you may think it will be easier if it is just paid back to you and then refunded to the correct person, we unfortunately have to make sure that the refund goes straight to the executors of the deceased’s estate (if there was a Will), or to the surviving beneficiaries (this could be a spouse, or children, etc).
If you have any questions about how to cancel your loved one’s LPA, contact your expert Wills and Probate Solicitors in Preston on 01772 783 314.
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Tagged as: Garstang Solicitors, Lancaster Solicitors, Lasting Powers of Attorney, Living Will, Longridge Solicitors, LPAs, Wills and Probate, Your Local Solicitors
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