Did you register a lasting or enduring power of attorney with the Office of the Public Guardian between 1 April 2013 and 31 March 2017?

If so, then you may be entitled to a partial refund of the registration fee.

Why can I get a refund?

Between 1 April 2013 and 31 March 2017 registration fees were not reduced in line with lower operating costs, resulting in overcharging. From the 1 April 2017 registration fees were reduced and therefore no claims may be made for a refund of registration fees paid after this date.

Who can apply?

You are able to apply for a refund if you are the donor (the person who made the power of attorney) or an attorney (the person appointed in the power of attorney).

How much will I get back?

The level of refund that you are entitled to will depend upon when the fee was paid and how much was paid, including annual interest of 0.5 per cent:

Date fee paid                                                        Refund due

From April 2013 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

The above refund values apply if the full registration fee was paid. If you were entitled to a 50 per cent reduction of the fee, the refund due will be half of the above for the relevant time period.

When is the deadline?

At the moment, there is no deadline for making a claim, which can be made even if the power of attorney has been used. It can take up to 12 weeks for the claim to be processed.

How to make a claim

If you believe you are entitled to a refund, there are two routes available to start off your claim:

1. Visit gov.uk/power-of-attorney-refund
2. Telephone the refunds helpline on 0300 456 0300 and select option 6

You will need to have to hand the donor’s name, address, date of birth, bank account number, sort code and the name of at least one of the attorneys. If the donor does not have a UK bank account or you are a court-appointed deputy then you must make the application for a refund via telephone.

What if I have more than one power of attorney?

Only one claim needs to be made per donor, even if more than one power of attorney has been registered on their behalf. If successful, the refund will be paid directly to the donor.

What happens if the donor has since died?

While you are still able to make a claim if the donor has passed away, it is as yet unclear where the refund will be sent in these circumstances. A claim on behalf of a deceased donor will also need to be made via telephone.

The refunds helpline can also assist if any claims are unsuccessful and you wish to appeal the decision.

A lasting power of attorney allows people to make decisions on your behalf should you no longer have the capacity to do so yourself. If you would like more information on powers of attorney, contact Marie Tisdale on 01543 267981 or email mtisdale@ansons.law

The contents of this article are for the purposes of general awareness only.  They do not purport to constitute legal or professional advice.  The law may have changed since this article was published.  Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.