Are you due a refund for overpaid Power of Attorney registration fees?

Did you register a Lasting Power of Attorney or Enduring Power of Attorney between 1 April 2013 and 31 March 2017? If so, you may be entitled to a partial refund of the registration fee.

The Ministry of Justice launched a scheme on 1 February 2018 to refund those who may have paid more than they should for applying to register Powers of Attorney.

The Office of the Public Guardian is a government agency and is not allowed to make a profit. Between 2013 and 2017 its fee income was more than the cost of providing the service, so it has been ordered by the Government to repay money to people who have used the service.

In April 2017, the application fee for registration was reduced from £110 to £82.


Who can request the refund?

Either you (as the Donor) or your Attorney can make the claim but the refund will be paid to your bank account. The burden is on you or your Attorney to apply for the refund, the Office of the Public Guardian will not contact you.

Making a claim is quick and simple and you should not need assistance from a solicitor to make the claim.


How much will I be refunded?

The refund will vary depending on the fees set at the time you registered the Power of Attorney, whether the donor paid the full fee, a discounted fee (known as a remission) or a repeat fee.

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

Interest of 0.5% will be paid on top of the refund amount although you should be aware that the refund may take up to 12 weeks to process.

This online scheme is open for 3 years.


How do I apply for a refund?

Either yourself or your Attorney will be able to claim for the refund and this can be done either online at https://www.gov.uk/power-of-attorney-refund or by calling the Office of the Public Guardian Refund Helpline on 0300 456 0300 (choose option 6 for the dedicated Refunds Team)

You can still apply if the Donor has since died but this has to be by telephone.


More about Lasting Powers of Attorney

If you haven’t made a Lasting Power of Attorney yet and want to find out more about how putting a Lasting Power of Attorney in place will help protect you and your loved ones in the future then get in touch with one of our friendly team of experienced specialists today.

Click here to view our information sheet on Lasting Powers of Attorney

For individual advice and assistance contact our Wills, Probate and Trusts Team to find out how we can help.

Michelle Gavin TEP
Partner and Head of Wills, Trusts and Probate