The Ministry of Justice has recently launched a scheme to issue refunds to people in England and Wales who paid too much in Deputyship fees to the Office of the Public Guardian (OPG).
The refunds scheme has been launched because the OPG had difficulty predicting their costs due to the number of Deputyships applications being far higher than expected. As a consequence, the fees charged did not match the cost to the OPG to supervise Deputies, hence them now offering appropriate refunds.
From 4 October 2019, Deputies and families of patients can claim a refund of some Deputyship fees, in particular, for Deputyship assessments and annual supervision fees. The scheme applies to Deputyship fees paid between 1 April 2008 to 31 March 2015.
For most, the refund will be less than £200 and there will be interest added of 0.5%.
Deputies are people (usually family members) appointed by the Court of Protection to manage the financial (and sometimes personal welfare) affairs of someone who does not have a registered Lasting Power of Attorney and has been deemed to have lost mental capacity in accordance with the Mental Capacity Act 2005.
Those acting under a current Deputyship Order will be refunded automatically. Those who have acted under a Deputyship in the past, or who are personal representatives of an estate of someone who has died who was the subject of a Deputyship Order, will need to apply for a refund.