Wills Probate & Power of Attorney

Power of Attorney refunds

29 May 2018

The Office of the Public Guardian (OPG) recently announced that it has been incorrectly charging for its registration services. So, if you paid a registration fee in connection with a Lasting Power of Attorney (LPA) or an Enduring Power of Attorney (EPA) between 1 April 2013 and 31 March 2017 then you are entitled to a refund of a portion of the registration fee paid.

But there is a time limit. You must claim your refund by 31 January 2021.

The OPG has explained that the overcharging occurred because the fees charged exceeded the costs incurred in processing applications.

How do I make a claim?

By contacting the OPG by telephone (0300 456 0300) or online. You will find the Contact details on the Government website.

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

How much will I be refunded?

This will depend upon when your LPA or EPA were registered. The fees have varied over a period of time. Please refer to the table below:

When you paid the fee and the 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 paid a reduced fee (‘remission’).

Who can claim the refund?

Either the Donor (i.e. the person who made the LPA) or the Attorney.

(In the case of the registration of an EPA this will invariably be the Attorney, as the Donor will have lost mental capacity.)

I have made a LPA for Property and Financial Affairs AND for Health and Welfare. Do I have to make two claims?

No. You only have to make one claim.

The person who registered the LPA or EPA has passed away. Can I still make a claim?

Yes. The executor/administrator in their Estate can claim but that has to be made by telephone call to OPG. The website does not deal with this type of claim.

For helpful guidance through the making and registering process contact Baines Bagguley Penhale.

Contact our office for further details! #PowerofAttorney


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