Deadline Looms For Power Of Attorney Claims: 31st January 2021

By December 10, 2020Wills and Probate

Did you pay the Office of the Public Guardian to register a Lasting Power of Attorney (LPAs) in England & Wales between 1st April 2013 and 31st March 2017?  If yes, then you may be due a refund of up to £54.00, however you will need to be quick as the deadline to claim the refund is the 31st January 2021.

The Ministry of Justice has announced that the fees for registering LPAs were overcharged at a cost of £110.00 between 1 April 2013 and 31 March 2017, whereas the actual cost should have only been £82.00 due to the operating fees having dropped.  Therefore any applicants who paid the higher fee are now due a refund of the difference between the amount paid and the amount they should have paid, plus interest.

Who can Claim

There are two types of LPAs, one for Property and Financial Affairs and one for Health & Welfare, and if you made both types then you may be able to claim the refund on each LPA, meaning a total refund of up to £108.00 may be claimed for couples.  However, you should only need to make one claim for both Lasting Powers of Attorney made by each donor.

The refund can be claimed by the person who made the LPAs (the donor) or the people who were appointed as attorneys in the LPAs, however, any refund due will be paid directly to the donor.

You can also make a claim if you paid to register an Enduring Power of Attorney (EPA) between the above dates, as although EPA’s are unable to be made after the 1st October 2007 it is possible that they may have been registered at a later date between the 1st April 2013 and 31st March 2017.

How to Claim

The refund can be claimed online, or you can call the Office of the Public Guardian on 0300 456 0300 (and then select option 6).  You will need the following information to make a claim:

  1. The donor’s full name, address and date of birth;
  2. The donor’s bank account number and sort code (for the refund to be paid to).  If the donor does not have a bank account, or you are acting as their deputy, then the claim will need to be made via phone;
  3. Names of the attorneys appointed on the LPA.

If the donor has died since making the Lasting Powers of Attorney, you may still be able to make a claim for any overpaid registration fee, however you will need to apply via email to poarefunds@justice.gsi.gov.uk or by post to POA Refunds Team, 7th Floor, Office of the Public Guardian, PO Box 16185, Birmingham, B2 2WH.  You will need to send them a copy of the death certificate and the Will, or a grant of representation, along with your contact details.

If you would like further information in relation to LPAs then please do not hesitate to contact Jade Gani (jgani@astonbond.co.uk), Rachel Jones (rjones@astonbond.co.uk) or Mamta Rajanwal (mrajanwal@astonbond.co.uk) or call us on 01753 486777.