Lasting Powers of Attorney and Enduring Powers of Attorney – Could you be due a refund of registration fees?

12 February, 2018

The Office of the Public Guardian’s ‘fee refund scheme’ has launched.

Individuals who registered a power of attorney in England or Wales between 1st April 2013 and 31st March 2017 are entitled to a refund as the registration fee was set too high for that period. The charge for registering a power of attorney dropped in March 2017 to £82 per document.

Powers of attorney are documents which allow someone (the ‘donor’) to nominate others (‘attorneys’) who can make decisions on their behalf.  Lasting Powers of Attorney (‘LPAs’) replaced their predecessor, Enduring Powers of Attorney (‘EPA’) in 2007.  It is possible to set up LPAs that cover property and financial affairs and/or health and welfare. Refunds apply to the registration of both LPAs and EPAs during the relevant period.

It is up to the donor, their attorney or the personal representatives (if the donor has died), to claim the refund. Only one claim needs to be made per donor, even if they registered more than one LPA or EPA.  The process should take around 10 minutes and can be done either online or by telephone (see below).  It may take up to 12 weeks for the claim to be processed and, if the claim is approved, the refund will be paid directly to the donor’s bank account.  If the claim is rejected you can appeal the decision via the Refunds Helpline by emailing poarefunds@justice.gsi.gov.uk or calling 0300 456 0300.

How much the donor will be refunded depends on the date the fee was paid (0.5% interest is added to the refund):

Fee paid between

Refund per power of attorney

April 2013 – September 2013

£54

October 2013 – March 2014

£34

April 2014 – March 2015

£37

April 2015 – March 2016

£38

April 2016 – March 2017

£45

To claim online, visit https://claim-power-of-attorney-refund.service.gov.uk/start.  To claim by telephone dial 0300 456 0300 and choose option 6.  The claim must be made by telephone if either (a) the donor has died; (b) the donor has no UK bank account; or (c) you are a court appointed deputy.

If you would like more information about the refund scheme, are interested in setting up LPAs or would like to register an existing EPA then please contact Nicola Hillyer on 01892 506 014 or at nicola.hillyer@crippspg.co.uk