Insights

Are you entitled to a fee refund for your LPA?

If you paid to register a Lasting Power of Attorney (LPA) or an Enduring Power of Attorney (EPA) in England or Wales between 1 April 2013 and 31 March 2017, you will be able to apply for a partial refund.

When a LPA or EPA is registered, an application fee is payable to the government body, the Office of the Public Guardian (OPG). Between 2013 and 2017 the costs of the OPG decreased. However, the application fee of £110 stayed the same. It is for this reason that the Government is now repaying the difference as the fee is only to cover operating costs.

It is thought that 1.7 million applications could be affected.

How to make a claim?

Claims must be made by 31 January 2021 by the person who made the power of attorney (the donor) or the appointed attorney, although the refund must be paid back to the donor. If the donor has died the executors are able to make the claim by emailing the OPG the death certificate and a grant of representation (such as grant of probate or letters of administration) or a Will.

How much you can reclaim depends on when the power of attorney was registered. You will also receive 0.5% interest.

You may claim online or by telephone. In order to claim you will need the Power of Attorney or a copy of it and bank account details for the Donor. For telephone claims you can contact the Office of the Public Guardians refund helpline on 0300 456 0300.

On 1 April 2017, the application fee for registering a power of attorney was reduced from £110 to £82. If you registered after that date you will not be able to make a claim.

 

 

Although correct at the time of publication, the contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.