Family Raises Concerns Over LPA Fees and Lack of Refund Clarity

The Office of the Public Guardian (OPG) has come under criticism following a complaint about its handling of Lasting Power of Attorney (LPA) fees, with claims that key information about refunds is unclear or missing from its website.

The issue centres on a case where an individual submitted two LPA applications on behalf of a family member, one covering Property and Financial Affairs and the other Health and Welfare. The total cost for both applications came to £184, in line with the standard £92 fee per LPA. However, before the applications could be processed or registered, the family member sadly passed away due to a terminal illness.

Under current rules, LPAs cannot proceed once the donor has died. The individual notified the OPG, as required, and received a response confirming that the documents would no longer be valid. In an email from OPG representative Ms Kiedrowska, it was stated:

“As the lasting power of attorney (LPA) for property and financial affairs and the lasting power of attorney (LPA) for health and welfare can no longer be used, we have confidentially disposed of the document(s). You don’t need to do any more in relation to this.”

The response made no mention of refunds, leading the applicant to follow up for clarification. They were then informed that:

“As of 1 April 2025, the Office of the Public Guardian (OPG) no longer issues refunds for LPA application fees. This change is part of a broader update to our fee structure and policies.”

This came as a surprise to the individual, who says they were unable to find clear information about the policy change on the OPG website prior to submitting the applications. They argue that such a significant update should be made more prominent, particularly given the financial impact on families already dealing with bereavement.

Further concern was raised over communication practices, with the complainant stating that an attempt was made to recall earlier emails sent by the OPG representative. While email recall functions are commonly used within organisations to amend or retract messages, the individual said the move caused unease and raised questions about transparency.

Email Recall Notice.

At the centre of the complaint is a broader call for clearer guidance. The individual believes applicants should be explicitly warned that LPA fees are non-refundable, even if an application cannot be completed due to circumstances such as death. Without this clarity, they argue, people may reasonably assume that fees would be returned if no registration takes place.

When approached for comment, the Office of the Public Guardian declined to provide a statement on the specific case.

Lasting Powers of Attorney are widely used in England and Wales to allow trusted individuals to make decisions on behalf of someone who may lose mental capacity. While the system is intended to provide legal safeguards, this case highlights how administrative policies can have unexpected consequences for families.

Particularly in time-sensitive or end-of-life situations. The complainant added that, in their view, it may be safer for individuals to clearly write down or record their wishes in advance of any loss of capacity, rather than risk incurring costs for arrangements that may never be completed.