What is the Power of Attorney Refund Scheme?

by Kidd Rapinet on July 12, 2018
Gemma Hughes

If you applied to register your Lasting Power of Attorney or Enduring Power of Attorney between 1st April 2013 and 31st March 2017 then you may have been charged more than necessary.

The cost of processing the application has been decreasing over time, and so in April 2013 the application fee was reduced from £130 to £110. Then in April 2017 the fee was reduced again to £82.

The Office of the Public Guardian are the body responsible for monitoring Deputies and Attorneys, and they are now running a refund scheme to return part of the application fee to those who have overpaid.

Who can apply?

Only certain individuals are entitled to make a claim for the refund:

  • The Donor – the person who made the Power of Attorney;
  • The Attorney – the person(s) appointed by the Donor to make decisions on their behalf

In both cases the refund must be paid into the Donor’s account.

What if the Donor has died?

If the Donor has passed away since registering their Power of Attorney then their Estate is entitled to the refund.

The Executor under the will or the Administrator of the Estate is able to claim the refund and will need to send the Office of the Public Guardian:

  • Donor’s death certificate
  • Donor’s will or the Grant of Probate (or Letters of Administration if the Donor died without a will)
  • Contact details for the Executor or Administrator

What will I receive?

The amount you will receive will depend on when the fees were paid as interest at 0.5% will also be added.

How can I claim?

A claim can be made either online or by phone.

There is also a refunds helpline:

Telephone:      0300 456 0300 (Option 6)

Email:              poarefunds@justice.gsi.gov.uk

Textphone:      0115 934 2778

 How long will it take?

 The Office of the Public Guardian are stating that it will take up to 12 weeks to process an application.

When must I claim by?

The refund scheme is being run for 3 years and all claims must be made by 31st January 2021.

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Disclaimer: While we do all that is possible in terms of ensuring its accuracy, this blog contains general information only.  Nothing in these pages constitutes legal advice.  You need to consult a suitably qualified lawyer from the firm on any specific legal problem or matter.