Claim a Lasting Power of Attorney refund – What you need to know

Why is the money being refunded?

When you register a Power of Attorney, you’re charged an application fee, set by the Ministry of Justice and paid to the Office of the Public Guardian.

Between 2013 and 2017, the operating costs of the Office of the Public Guardian decreased, but the application fee stayed the same, at £110. As the fee is simply supposed to cover operating costs, the Government is now repaying the difference between what applicants paid and what they should have paid, plus interest at 0.5%.

On 1 April 2017, the application fee for registering a Power of Attorney was reduced from £110 to £82. If you applied after that date, you cannot reclaim. More info. here… https://www.gov.uk/power-of-attorney-refund.

What can I reclaim?

When the fee was paid – Refund for each LPA
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

You can claim 2 refunds if you registered LPAs for both Property & Financial Affairs and Health & Welfare, but only need to make one application.

If you paid a reduced fee on registration, you will receive 50% of the refund

What if the LPA has been used?

You can still claim a refund and there seems to be no end deadline currently.

Other information

  • It can take up to 12 weeks for your claim to be processed and paid.
  • If your claim is refused and you want to appeal the decision you can call the refunds helpline.
  • If the donor doesn’t have a UK bank account or you’re a court-appointed deputy, you’ll have to apply by phone.
  • You can also claim for an Enduring Power of Attorney if you registered it in the relevant period. The Lasting Power of Attorney replaced the Enduring Power of Attorney on 1 October 2007, but they are still valid documents. If it was registered during the refund period, the donor will still be eligible for a refund.

For more information relating to LPAs please contact Kathryn Caple, Head of Wills and Probate, on 01283 526230 or at kathryn.caple@elselaw.co.uk.

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