Are you eligible for a Power of Attorney refund?

Recently, the Ministry of Justice disclosed that almost 2 million people could be entitled to a partial refund of their power of attorney registration fees.

Refunds are available to those who made applications to register Lasting Powers of Attorney and Enduring Powers of Attorney between 1 April 2013 and 31 March 2017. The refunds have been triggered as the Office of the Public Guardian’s operating costs during these dates were lower due to more applications and increased efficiency. These applicants were therefore overcharged and could now be due a refund of up to £108 plus interest. The amount of the refund will depend on when the fee was paid. In addition to the refund, 0.5% interest will be added to the refunded amount. If a reduced fee was paid at the outset then the donor will receive half of the refund amount. The refund applies to applications for each type of power of attorney (Property & Financial Affairs and Health & Welfare).

The table below indicates the refunds payable:

When you paid the fee	Refund 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

Making a claim

Applications for refunds can be made by either the person who made the power of attorney (the ‘donor’), or those appointed to make decisions on the donor’s behalf (the ‘attorney’). The refund will be paid to the donor.

Claims for a refund can be done easily online or by phone and do not require a solicitor to be involved. The Claim for a refund can be made online at https://www.gov.uk/power-of-attorney-refund, or by phone on 0300 456 0300. You will require the donor’s bank account number and sort code. Claims can only be made over the phone if the donor doesn’t have a UK bank account, the donor has died, or you are the court-appointed deputy.

It’s worth noting that if the donor has died, only the executor of the will or administrator of the estate can claim a refund.

After the claim has been submitted it can take up to 12 weeks to be processed. Any rejected claims can be appealed over the phone or by email – poarefunds@justice.gov.uk

It is important to note that refunds must be claimed by 31 January 2021.

If you are interested in making a lasting Power of Attorney or would like advice about your options then please get in touch with our experienced team here at David Gray who will be able to assist you.