Could you be eligible for a power of attorney fee refund?

Posted on May 11, 2018

Between 1 April 2013 and 31 March 2017, the Office of the Public Guardian (OPG) generated a surplus of £89m from Lasting Power of Attorney fee overpayments. This happened because the OPG’s operating costs were reduced, but LPA application fees weren’t altered to reflect that reduction. 1.8million people are estimated to have been affected by the overpayment and if you fall into that category, you can make a claim.

You can make a claim whether you are the donor (the person who made the power of attorney) or the attorney (appointed by the donor to make decisions on the donor’s behalf). The refund, however, will always be paid to the donor. How much you receive will depend on when you paid the fees, but all successful claimants will get 0.5% interest on top of their refunded fee.

If you paid the fee April to September 2013, you will receive £54.

If you paid the fee October 2013 to March 2014, you will receive £34.

If you paid the fee April 2014 to March 2015, you will receive £37.

If you paid the fee April 2015 to March 2016, you will receive £38.

If you paid the fee April 2016 to March 2017, you will receive £45.

If you don’t know the exact date you paid your LPA fees, you can still make a claim and as long as records show that your application was made within the correct timeframe, it should be successful.

Making a refund claim is simple and can be done online with the official form which should take no longer than ten minutes. All you’ll need is the UK bank account number and sort code of the donor.

If the donor doesn’t have a UK bank account, or has died, you will need to claim by phone. You will also need to claim by phone if you’re a court appointed deputy, or you have a trust organisation as the attorney. The refunds helpline can be contacted on 0300 456 0300.

Please feel free to get in touch with us directly if you have any questions around this topic.

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.

This blog was posted some time ago and its contents may now be out of date. For the latest legal position relating to these issues, get in touch with the author - or make an enquiry now.