Powers of attorney: registration fees refund due to some

If your client registered an Enduring Power of Attorney (EPA) or Lasting Power of Attorney (LPA) between 2013 and 2017 they may be able to claim a refund of part of the registration fee paid.

What are EPAs and LPAs?

EPAs and LPAs are legal documents which give someone of your choice (your attorney) power to deal with your financial affairs. EPAs can no longer be created but are still effective if created before 1 October 2007. EPAs can be used without being registered but must be registered if the person who gave the power (the donor) has become, or is becoming, mentally incapable. LPAs can be registered with the Office of the Public Guardian (OPG) when created or at any time after creation. LPAs cannot be used until registered.

Why are refunds being made?

For some time the income from registration fees has exceeded the cost to the OPG of the registration process.  As a result, registration fees were reduced from £110 per power of attorney to £82 with effect from 1 April 2017. Refunds of fees paid in the period from 1 April 2013 to 31 March 2017 are now being offered to donors.

Who can claim?

Either the donor or the attorney can claim but the refund will be due to the donor. Refunds will include interest on the amount refunded at 0.5% and the amount of the refund will vary depending on the date when the fee was paid. The amount of the refund varies between £34 and £54 depending on the year the power of attorney was made.

How is the claim made?

The claim can be made online but must be made by phone if the donor does not have a UK bank account, or has died, or the claim is being made by a court appointed Deputy. There is a refunds telephone helpline (for which call charges are payable). The refund will take up to 12 weeks to be made.

Further information

More information is available on the Government website.