Are you due a refund from registering a Power of Attorney?

There has been a new ruling that those who paid a Government registration fee for a Lasting Power of Attorney or, in some cases, an Enduring Power of Attorney, between certain dates were overcharged. This is because the real cost of the registration was less than that charged as a court fee. Because of this, people can apply for a partial refund from the Government as they were charged more than was allowed.

Who is eligible for a refund?

You can get part of your application fee back if you applied to register a power of attorney between 1 April 2013 and 31 March 2017.

This applies to Lasting Powers of Attorney (LPA) and Enduring Powers of Attorney (EPA).
You can make a claim if you’re:

• 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 to make a claim:

Visit www.gov.uk/power-of-attorney-refund to complete the online questions and the donor’s bank details.

You must claim by phone if:
• the donor doesn’t have a UK bank account
• you’re a court-appointed deputy

You can also claim by phone if you don’t have a computer or can’t use one easily

How much will be refunded?

How much you get depends on when you paid the fees. You’ll also receive 0.5% interest.
You can still claim a refund even if you are not sure when you paid the fees.

When you paid the fee Refund for each 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

 

You’ll get half the refund if you qualified for a reduced fee (‘remission’).
The current court fee is £82, unless the donor qualifies for a reduced application fee.
So, for example, if you and your spouse paid court fees for both types of LPA, you could be due a refund of £216.

How long will it take to get the money?

It takes up to 12 weeks for your claim to be processed.
If the claim is approved, the refund will be paid to the donor’s bank account.
You can appeal a decision if your claim is rejected by contacting the Refunds Helpline.

What if the donor has died?

If the donor has died then you’ll 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

You can email the documents to poarefunds@justice.gsi.gov.uk, or send them by post:

POA Refunds Team
7th Floor, Office of the Public Guardian
PO Box 16185
Birmingham
B2 2WH

When the POA Refunds Team have received your documents, they will phone you to complete your refund.

Tel: 0300 456 0300

Contact us if you want to know more about Lasting Powers of Attorney or Enduring powers of Attorney.