Are you entitled to a fee refund for your Lasting Power of Attorney?

Refund on Lasting Power of Attorney

Under a new Government scheme, if you paid the Office of the Public Guardian’s registration fee relating to Enduring or Lasting Powers of Attorney between 1 April 2013 and 31 March 2017 you could be owed a refund of up to £54.

Individuals who have paid the registration fee can apply for a partial refund as the government has now decided that people were charged more than was necessary.

A Power of Attorney is a useful document insomuch as it can be used to appoint a person (or people) to deal with your affairs during your lifetime should you be incapacitated at any time, be it physically or mentally.

For more information about Powers of Attorney, please see our article https://www.smithpartnership.co.uk/articles/being-prepared-life%E2%80%99s-troubles-power-attorney

There are two types of Lasting Powers of Attorney, one for finances and property and the other for health and welfare. Some clients will have registered both and so they can claim a refund of up to £108.

When you register a Power of Attorney with the Office of the Public, you are required to pay the registration fee. According to the Ministry of Justice, between 2013 and 2017, the operating costs of the Office of the Public Guardian decreased, but the application fee still stayed the same, at £110.

On the basis that the fee was supposed to cover operating costs, the Government is now repaying the difference between what applicants paid and what they should have paid, together with any interest due (0.5% per annum).

On 1 April 2017, the application fee for registering a Power of Attorney was reduced from £110 down to £82. If you applied to register your Power of Attorney after that date you cannot reclaim a refund.

You can make a claim if you were person who created the Power of Attorney or the Attorney appointed by the client. However, please be aware that the refund will only be paid to the client.

There is currently no deadline by which you must apply but it can take twelve weeks for the claim to be processed and paid.

To apply, you can either claim a refund online https://www.gov.uk/power-of-attorney-refund or phone the helpline on 0300 456 0300. You do not need the actual Power of Attorney document itself, but you will need:

  • The client’s name, address and date of birth
  • The name of at least one of the Attorneys on the Power of Attorney document
  • The client’s bank account number and sort code

You can claim even if the donor has died. The Personal Representative to the deceased person’s Estate will need to apply by phone and they will be advised of what will happen when you do.

If you do require any assistance with regard to submitting the claim for a refund of the registration fee or for advice on Powers of Attorney, please do not hesitate to contact the team on 0330 123 1229 or email info@smithpartnership.co.uk.