The Ministry of Justice launched the refund scheme for powers of attorney registered between 1 April 2013 and 31 March 2017. Donors and attorneys can make the application through the online process and court appointed deputies or executors need to contact the OPG helpline.
Please note that while there is no specific duty on lawyers to inform clients that the scheme exists, as good customer service, we would recommend that you consider a way to communicate the scheme to as many people as possible, in order to help ensure that those people who are entitled to a refund do not miss out. You may wish, therefore, to consider the following:
- Write to all clients with details of the scheme and referring them to https://www.gov.uk/power-of-attorney-refund and explain to them how to claim
- Use social media to advertise the scheme
- Place a notice on your firm’s website (if possible)
- Write articles to circulate
- Communicate to your own contacts and linked organisations
If members of your firm are the attorneys, new deputies or executors, then they do have a duty to claim the refund on your client’s behalf.