Are You Entitled to a Refund of Fees? by Miranda Richardson, Solicitor
Are You Entitled to a Refund of Fees?
It is not often that a Government department offers a refund of fees but anyone who has been charged more than was necessary to apply to register Lasting Powers of Attorney (LPAs) or Enduring Powers of Attorney (EPAs) in England and Wales between 1st April 2013 and 31st March 2017 is able to apply for a refund of the overpaid amount.
The refund scheme is run by the Office of the Public Guardian and the claim can be made by either the donor (the person who made the power of attorney) or the attorney, but must be made by 31st January 2021. Full details can be found at https://www.gov.uk/power-of-attorney-refund
The refund is paid to the donor’s bank account and depends on when the fees were paid. The following table shows the amount which will be refunded. Interest at 0.5% will also be added.
Date fee paidRefund 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
If the donor made both types of LPA (Financial Decisions and Health and Welfare Issues) then two refunds can be claimed (although you only need to make one claim). It takes up to 12 weeks for the claim to be processed and, if approved, the refund will be paid to the donor’s bank account.
If the donor was eligible for a fee remission when the power of attorney was registered (for example, because the donor was on a low income) one half of the figure shown above will be refunded.
The claim is made online unless:
(a)the donor (the person who made the LPA or EPA) does not have a UK bank account, or
(b)you are a court appointed Deputy for someone who previously had a registered LPA or EPA or
(c)you have a trust organisation as the attorney (eg a Bank)
If any of the above applies, the claim must be made by phone. The Refunds Helpline is 0300 456 0300 (choose option 6).
What if the donor has died?
The Executor or Administrator of the estate of the donor can claim a refund of overpaid fees on behalf of the deceased donor but it will be necessary to send in photocopies of the Death Certificate and the Will or Grant of Letters of Administration. These documents can be emailed to poarefunds@justice.gsi.gov.uk or posted to POA Refunds Team, 7th Floor, Office of the Public Guardian, P O Box 16185 Birmingham B2 2WH. You should also supply your name, contact phone number, address, email address, the donor’s name and case reference number (this can be found on the LPA). When the Refunds Team has received all the required information, they will phone the Executor or Administrator to complete the refund.
If you would like to discuss a possible claim for a refund or need advice about making an LPA for Financial Decisions or Health and Welfare Issues please contact Miranda Richardson on 01325 281111.
