Power Of Attorney Refund Scheme Launched

Wills FAQ Book

A refund scheme for those who have been overcharged for their power of attorney registration fees has recently been launched.

In an announcement made by the Ministry of Justice (MoJ), the refunds are being offered to those who may have been charged more than was necessary when they applied to register for powers of attorney between the 1st of April 2013 and the 31st of March 2017.

According to the MoJ, the process to register for enduring powers of attorney became more efficient during this period and as a result, operating costs for the Office of the Public Guardian came down. However, the fee charged for the application did not reduce in line with this.

The Power of Attorney registration fee was subsequently lowered by the ministry of justice and a change came into effect on the 1st of April 2017.

Starting from the 1st of April 2017, the fees for applying to register Lasting Powers of Attorney (LPA) and Enduring Powers of Attorney (EPA) were reduced from £110.00 per power of attorney to £82.00 per power of attorney.

The Office of Public Guardian (OPG) has since announced that the Ministry of Justice (MOJ) has agreed to refund the excess, and has now launched a refund scheme for those who have paid a higher fee in the qualifying period that is now felt necessary the MOJ.

Who Is Eligible For The Refund?

The refunds are being offered to those who registered an LPA or EPA between the 1st of April 2013 and the 31st of March 2017 who may have been charged more by the OPG than was necessary to apply to register.

During this period, the OPG's operating costs came down as more people applied for a Power of Attorney and the process became more efficient, but the application fee charged was not reduced in line with this.

Who Can Claim The Refund?

A claim can be made by either:

• 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, and only one claim is needed per Donor, even if more than one Power of Attorney was registered for example if an LPA For Property and Financial Affairs and LPA for Health and Welfare were registred at the same time.

How Much Is Payable?

The amount of refund payable will depend on the original date the application fees were paid and whether or not the fees were paid in full or were paid at a reduced or remission rate.

If the full registration fee was paid at the time of application the following refund structure will apply:

Fees paid between April 2013 to September 2013 would be refunded £54.00
Fees paid between October 2013 to March 2014 would be refunded £34.00
Fees paid between April 2014 to March 2015 would be refunded £37.00
Fees paid between April 2015 to March 2016 would be refunded £38.00
Fees paid between April 2016 to March 2017 would be refunded £45.00

If registration fees were paid at a reduced or remission rate than only half of the refund amount mentioned above will be refunded. An entitlement to receive 0.5% interest will also apply.

A claim can still be made if you are unsure of the exact date the application to register the Power of Attorney was made.

How To make A Claim

Claim Online

It takes about 10 minutes to claim online via the gov.uk website. You will need to have your UK bank account number and sort code available to process the refund.

CLICK HERE TO MAKE AN ONLINE CLAIM

Claim By Phone

Claims can also be made by phone if you do not have a UK bank account, or the donor has passed away or you have difficulty using a computer. To do this you will need to contact the Refunds Helpline who will help you to process your refund claim.

Telephone: 0300 456 0300*
Textphone: 0115 934 2778

* Lines are open Monday, Tuesday, Thursday and Friday from 9 am to 5 pm and Wednesday from 10 am to 5 pm. Please select option 6 if calling.

Visit here for call charges.

Refunds Helpline Email: poarefunds@justice.gsi.gov.uk

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Power of attorney fee refund scheme launched