Claim back your power of attorney fees
Many thousands of people choose to make a Lasting Power of Attorney (LPA). This is a document which sets out who can handle the affairs of a person (the 'donor') if they become incapable of doing so themselves.
To use an LPA, it must be registered with the Office of the Public Guardian and a fee is payable. This means that most LPAs will be registered.
It has come to light that the OPG's processing costs have been reducing such that the Government is obliged to make a refund available for many people.
If you registered a power of attorney with between1 April 2013 and 31 March 2017 you may be due a partial refund of the fees paid.
You can only claim a refund if you made the power of attorney in England or Wales.
You can make a claim if you are:
- the 'donor' - the person who made the power of attorney
- an 'attorney' - appointed by the donor in an LPA or EPA
The refund must be paid to the donor.
You only need to make one claim per donor, even if you made more than one power of attorney.
How much you get depends on when you paid the fees. You will also get 0.5% interest.
You can still claim a refund even if you do not know when you paid the fees.
|When you paid the fee
||Refund for each power of attorney
|April to September 2013
|October 2013 to March 2014
|April 2014 to March 2015
|April 2015 to March 2016
|April 2016 to March 2017
You will get half the refund if you paid a reduced fee ('remission').
It is possible to claim on line. You will need the donor's UK bank account number and sort code.
If the donor has died then you will need to send the following documents before you make a claim:
- Death certificate of the deceased donor
- Grant of representation (for example, grant of probate or letters of administration) or a will
It takes up to 12 weeks for your claim to be processed. If your claim is approved, the refund will be paid to the donor's bank account. You can appeal a decision if your claim is rejected - contact the Refunds Helpline.
It is fair to say that due to the relatively small amounts of money involved, it will probably not be cost effective for you to employ a solicitor to claim the refund for you. However, if you do not understand the process or want advice about a Lasting Power of Attorney, contact us.