MG Legal discuss how to claim a refund of Deputyship Fees
Posted on 24th June 2021
Our expert local solicitors for Deputyship Applications discuss the Court of Protection’s current refund of Deputyship fees.
A Deputyship Order is an Order made by the Court of Protection appointing a person or people, often a professional, such as our expert local solicitors for Deputyship Applications, or a family member of the person who the Order relates to, as their Deputy. The Orders are made in relation to a person who no longer has mental capacity to make decisions themselves and, who has not made alternative provisions during their lifetime.
For example, if a person loses capacity and they do not have Lasting Powers of Attorney in place. When a person is appointed as a Deputy, there are annual fees involved, including costs payable to the Office of the Public Guardian in respect of their services supervising the Deputies in their role.
Who is eligible for a refund?
The refunds are being offered to anyone who was charged more than necessary in deputyship fees between 1 st April 2008 and 31 st March 2015. The scheme launched on 4 the October 2019, and a claim can be made by anyone was acted as a Deputy previously or anyone who is acting on behalf of someone who had a Deputy and has died, providing that the Deputyship was in place between the 2008 and 2015 dates. It’s not necessarily the case that every deputy who acted between these dates will be entitled to a refund; only those people who paid more in fees than necessary will be eligible.
Do I need to apply if I am still acting as a Deputy?
According to gov.uk, if you are still acting as a Deputy (i.e. the appointment is ongoing), even if you acted between the dates mentioned above, your refund will be processed automatically and therefore there is nothing that you need to do.
What information do I need to claim a refund?
The Office of the Public Guardian will need some information from you to make a claim:
1. The name of the person who the Order related to
2. Their date of birth
3. Their address when the Deputyship ended
4. Their date of death (if applicable)
They will also need details of where any refund should be paid (i.e. the bank details), unless you want payment by cheque. If the person who the Order related to has died, the executors of their estate may need to provide information about the executor’s account.
As well as the above information, you will also need to send proof of your name, address, and your right to apply for a refund. According to gov.uk, they will accept scanned and photocopied documents, or you can send the originals.
How do I claim a refund?
You can complete download the form to apply online, here, which can be sent, along with the requested proof, via email to DeputyshipFeeRefunds@justice.gov.uk.
Alternatively, you can send all the documents to:
Deputyship Fee Refunds
Office of the Public Guardian
PO Box 10796
If you need any assistance with the forms or claiming a refund, you can call the Office of the Public Guardian on 0300 456 0300 (Option 6).
How long will the refund take?
After you have made an application, you will receive an email or letter to acknowledge receipt of your application, if the Office of the Public Guardian need any further information from you, when your claim has been assessed, to confirm any refund amount (if eligible) and the reason for any rejection (if applicable).
After a refund has been approved, which can take up to 10 weeks, according to gov.uk , a refund will be issued within 2 weeks.
Can MG Legal, Solicitors near me, help?
At MG Legal, our expert team deal with applications to the Court of Protection to be appointed as a Deputy, as well as registration of Lasting Powers of Attorney and Enduring Powers of Attorney. You can read about Deputyship applications, here, and Lasting Powers of Attorney, here.
We do not deal with refunds due from the Office of the Public Guardian for Deputyship fees, however, if you need any assistance, you can contact the Office of the Public Guardian directly on the number above and they should be able to assist.
How can I contact MG Legal?
You can contact our expert team of local solicitors online, here, or contact your local office directly.
Our team are available during office hours, Monday to Friday, 9am to 5pm. For assistance outside of office hours, email firstname.lastname@example.org and a member of the team will get back to you as soon as possible.
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