
A Deputy is appointed by the Court of Protection to manage the affairs of individuals who have lost the mental capacity to make decisions for themselves in relation to property and financial matters and health and welfare matters. A deputyship is needed where the individual has not prepared a Power of Attorney and has become mentally incapable of making their own decisions.
Once appointed as Deputy for someone, then you are set various annual fees during the Deputyship. One fee is called a supervision fee and the level and cost is set by the Court.
Deputyship Refund Scheme
It has come to light recently that if you were appointed as a Deputy for someone between the period 1 April 2008 and 31st March 2015 (‘the qualifying period’) then you may be eligible to claim a refund for certain deputyship fees.
If you are currently acting as a deputy for someone and were appointed during the qualifying period then you do not need to apply for a refund. The Office of the Public Guardian will be in touch with current deputies in the coming weeks to arrange any refunds due.
The refund is as a result of a rise in the number of deputyships being appointed during the qualifying period and as a result of the difficulty in predicting the associated costs. The fees charged during this period did not match how much it cost the Office of the Public Guardian to supervise the appointed Deputies.
The Ministry of Justice has now launched a refund scheme for those who paid the higher fees. The scheme is run by the Office of the Public Guardian.
What if my Deputyship has ended?
If you had a deputy appointed for you during the qualifying period and you are now able to make all your own decisions, or if you are an Attorney for someone who previously had a deputy acting for them, or if you are acting on behalf of someone who has died who had a deputy appointed during the qualifying period, then you will need to apply for a refund.
Bearing in mind there are various fees paid in relation to deputyships, you only need to complete one application form; the OPG will then find all qualifying fees paid during the qualifying period and refund the amount due.
If you need help in applying for the refund, guidance is available online and there is a dedicated refunds helpline.
If you, or someone you are acting for, thinks they may be eligible please visit www.gov.uk/deputyship-refund for more details and to apply. Alternatively, you can contact the OPG on 0300 456 0300. The scheme is open for 3 years so there’s plenty of time to apply.
If you require any further assistance or advice please do not hesitate to contact me, Jo Robinson, Solicitor, on 01332 364436 or by email at j.robinson@timms-law.com.