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Refund scheme launched for overpaid power of attorney registration fees

Posted: 09/02/2018

Did you register your enduring power of attorney or lasting power of attorney between 1 April 2013 and 31 March 2017? If so you may be due a partial refund of the registration fee you paid to the Office of the Public Guardian.

The Ministry of Justice (MoJ) launched its power of attorney refund scheme for lasting powers of attorney and enduring powers of attorney on 1 February 2018. The refund relates to registration fees paid between 1 April 2013 and 31 March 2017 and will range from £34 to £54 (with interest added at 0.5%) depending on the date the fee was paid.

A refund will only be given where you made a power of attorney in England and Wales.

Why has a refund scheme been established?

The Office of the Public Guardian has acknowledged that it overcharged individuals who registered their powers of attorney between 1 April 2013 and 31 March 2017 and this scheme is designed to refund those individuals.

How do I apply?

To make an application online or for further information, please visit this page. The helpline number is 0300 456 0300 (option 6) and is open Monday to Friday from 9am to 5pm (it opens at 10am on Wednesdays.) You will need to know the donor’s UK bank account number and sort code before making the application. The refund is placed directly into their back account once approved.

The process is very quick and straightforward and should not take more than ten minutes. You should not need assistance or support from a solicitor to make the claim.

Who can apply?

The application has to be made by the donor or attorney themselves. Executors and a court-appointed deputy must apply over the phone. As discussed, the process is easy to follow and should not require any additional legal support.

When will a refund be paid?

The MoJ estimates that it will take up to 12 weeks to process the claim. If the claim proves unsuccessful, the decision can be appealed.

Please contact us if you would like further information about lasting powers of attorney and the important function they fulfil. We would be happy to advise you and answer any questions you may have.

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Penningtons Manches Cooper LLP

Penningtons Manches Cooper LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority under number 419867.

Penningtons Manches Cooper LLP