Can you claim a Power of Attorney Refund?

It may be that you are one of the estimated 2 million people who are entitled to claim a refund for registration fee overpayment. The scheme, launched by the Ministry of Justice (MoJ) in February 2018, applies to both lasting powers or attorney (LPA) and enduring powers of attorney (EPA) that were made in England or Wales and registered between 1 April 2013 and 31 March 2017.

Why were people overcharged?

When someone registers a Power of Attorney document, an application must be made to the Office of the Public Guardian (OPG). The OPG charges a fee which was designed to cover its running costs. However, between 1 April 2013 and 31 March 2017, when the Ministry of Justice reduced the OPG’s operating costs, they did not adjust the fee.

Consequently, the OPG generated a surplus of £89m from overpayments. The £110 fee was reduced to £82 in 1 April 2017.

So, who is entitled to claim?

The person who made the power of attorney (known as the ‘donor’) or the person or people appointed by the donor in an LPA or EPA (the ‘attorney’) can claim, although the refund will only be paid to the donor.

How much is repaid?

This depends on when the fees were paid and whether you paid a reduced fee – see the tale below for details. Interest (set at 0.5%) will be added to successful claims.

NB: If you are unsure when you paid the fee, you can still apply for a refund. Once completed, the MoJ will confirm whether or not you are eligible.

How to claim

• Online: The process is straight forward and will take approximately 10 minutes. You can access the portal directly by clicking this link.
• Via telephone: For those without access to the internet, there is a dedicated refunds helpline (Mon-Fri) 0300 456 0300 (option 6).
• Please note: You must also call the helpline above if:
  – the donor does not have a UK bank account
  – the donor has passed away; or
  – You are a court-appointed deputy for someone who previously had a registered LPA or EPA.

For further details about how to claim, click here.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

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