I am writing to alert the profession to the fact that the Office of the Public Guardian is rejecting applications and recharging the £150 fee if any mistake – no matter how small or obvious – has been made in part 1 of a lasting power of attorney.
The case in question showed the correct date on the application form but, unfortunately, the wrong year on the form itself. A ‘5’ had been substituted for a ‘3’. The whole application has been rejected, with a demand for a further £150 and for the whole document to be re-signed. This is exploitative and unacceptable. If it happened in the private sector, the Office of Fair Trading would investigate.
The profession needs to complain whenever this happens and then follow the complaint through. This will ensure that this arbitrary, draconian and possibly incorrect interpretation of the rules is defeated.
Malcolm A Bell Harold Bell & Co, Ewell, Surrey
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