Could you be entitled to a refund?

The answer is YES if you applied to register any Lasting Power of Attorney or Enduring Power of Attorney between April 2013 and March 2017.

And here’s why?

The the Office of the Public Guardian (OPG) announced in April 2017 that there would be a dramatic reduction in the registration fees for Powers of Attorney (POA) from £110 to £82. Following that the OPG had admitted overcharging for registration fees making in excess of £89m profits from registration fees in the four years prior to the reduction, effecting up to 2 million people.

Government departments are not entitled to make profits from the services they offer without specific legislative authority. As a result of charging excessive fees, far more than necessary to actually process the work, a review of the fees led to an announcement that there would follow a refund helpline/procedure to allow those who paid a higher registration fee during this period, to claim up to a £54 refund per POA registered.

On the 1 February this year the refund helpline and claim form was finally officially launched. There is a deadline however and claims must be made before 31 January 2021.

Donors of LPA’s and EPA’s registered with the OPG between 1 April 2013 - 31 March 2017, are entitled to a refund, but the claim can be made by the Donor or Attorneys or where applicable Executors. The refund given will be the difference between the fee paid and the current fee of £82, plus interest!

How to make a claim

A Donor or Attorney can make a claim via:-

Online application at -  www.gov.uk/power-of-attorney-rufund

or

Refund Helpline on - 0300 456 0300

Executors who wish to make claims on behalf of deceased Donors, can apply by post or email. The website above has further information on which documents, information and contact details you will need.

The claim will take up to 12 weeks to process but the good news is that the refund will then be paid directly into Donor’s bank account.

How we can help

If you are not sure when your POA prepared by us was registered, email John Lane at john.lane@rollits.com and we can let you know the date and fee paid so you can make your claim today!

Posted on: 28/03/2018

This article is for general guidance only. It provides useful information in a concise form. Action should not be taken without obtaining specific legal advice.

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