Are you eligible to claim for a Power of Attorney refund?

by Sue Adams, 12 March 2018

If you registered a Power of Attorney in England and Wales between 1st April 2013 and 31st March 2017, you may be entitled to a refund of up to £54.00 of your application fee. The ability to reclaim part of your application fee applies to applications for Lasting Powers of Attorney (LPA) and Enduring Powers of Attorney (EPA).

When you registered the Power of Attorney, you will have been charged an application fee made payable to the Office of the Public Guardian. However, the government are now repaying a proportion of the application fees charged between the period of 2013 and 2017 due to a decrease in the operating costs of the Office of the Public Guardian during this time.

Who can make a claim?

The claim for a refund must be made by the following categories of people:

• the ‘donor’ – the person who made the power of attorney; or

• their ‘attorney’ - the individual appointed by the donor in the LPA or EPA to make decisions on their behalf.

It is important to note that the refund claim cannot be made on behalf of the ‘donor’ or the ‘attorney’.

If the donor has died you can still make a claim for a refund but you will need the following evidence:

• their death certificate; or
• a grant of representation (such as a grant of probate or letters of administration) or a will

How to apply

If you think that you are eligible, you can claim a refund online or by telephone.

Online application

The claim can be made by way of an online application which should take no longer than 10 minutes to complete. You will need to ensure that you have the following documents to hand when completing the application:

• The donor’s UK bank account number and sort code; and 
• A copy of the LPA.

By telephone

Alternatively, the claim can be made by telephone.

You must make the claim by telephone where the following applies:

• Where the donor does not have a UK bank account; 
• You are a court-appointed deputy;
• The attorney is a trust organisation

A refund helpline has been set up to provide assistance when claiming and additional information. The details of the refund helpline are available on the by following the link provided below.

https://ww.gov.uk/power-of-attorney-refund

How much can you receive?

The amount that you could receive depends on the date on which you submitted the application for the LPA or the EPA and whether you paid the full fee at the time of submitting your application. Successful refunds will also receive 0.5% interest payable on top of the refund due.

When you paid the fee Refund amount per power of attorney
April to September 2013  £54 
October 2013 to March 2014  £34
April 2014 to March 2015  £37
April 2015 to March 2016  £38
April 2016 to March 2017  £45

How long will the claim take to process?

The current time period set out on the government website to process the claim is 12 weeks and the refund will be paid directly into the donor’s bank account if it is approved.

Deadline for making claim

You must ensure that your claim for a refund is made before 31 January 2021.

How can we help you?

Although claims for refunds must be made by the donor or the attorney themselves, our private client team at Steele Raymond are well versed in advising on all matters relating to Powers of Attorney.

If you require any further information and advice please contact Sue Adams, Head of Private Client on 01202 294 566 or by email at sueadams@steeleraymond.co.uk

Author

Sue Adams

Partner
Meet the rest of the team

Contact us

We will only use this information to handle your enquiry and will not share it with anyone else.

OUR EXPERTS SHARE THEIR KNOWLEDGE & EXPERIENCE

Related insights

Business

Changes To Rules For Individuals Not Domiciled In The UK

Personal

Alarming New Fees For Probate Applications

Personal

Don’t overlook your Digital Assets when updating your Will

We would love to hear from you

Get in contact with us today

Contact us