04 March 2021 - Article
Individuals who were charged more than was necessary for certain deputyship fees in connection with dealing with financial matters for those who lack capacity now have the opportunity to receive a refunds from the Office of the Public Guardian. Julia Abrey, the head of Withers’ Elder Law team, provided advice and acted as a consultant on the design of the refund scheme launched by the Ministry of Justice. The refund scheme is in relation to fees charged for the supervision of Court of Protection deputies by the Office of the Public Guardian during any period between 1 April 2008 and 31 March 2015. Refunds can also be claimed for those who had a deputy during their lifetime but have now died and those whose deputyships have been discharged.
The scheme can be accessed here, where individuals can check if they are eligible for a refund.
Julia comments: “Anyone who had or was a deputy between 2008 and 2015 should verify whether they were overcharged for the supervision of that role. The Office of the Public Guardian will contact all existing deputies direct about their refund but it is important for deputies whose role has come to an end to consider if they are due a refund- they won’t be contacted and they will need to make a claim.”