Government overcharging

Thy Will Be Done are pleased to announce that a Power of Attorney fee refund scheme has now been launched for our clients

From the 1st April 2017, the fees for applying to register Lasting Powers of Attorney (LPA) and Enduring Powers of Attorney (EPA) were reduced from £110 to £82.

The Office of Public Guardian (OPG) has since announced that the Ministry of Justice has agreed to refund the excess, and has now launched a refund scheme for those who paid a higher fee in the qualifying period.

Who is eligible for the refund?
The refunds are being offered to those who registered an LPA or EPA between 1 April 2013 and 31 March 2017 who they now admit have been charged more by the OPG than was necessary to apply to register.

During this period, the OPG's operating costs came down as more people applied for a Power of Attorney and the process became more efficient, but the application fee charged was not reduced in line with this at the time as it should have been.
 

Who can claim the refund?
A claim can be made by either:

- The ‘Donor’ - the person who made the Power of Attorney i.e the Client
- An ‘Attorney’ - appointed by the Donor in an LPA or EPA 

 
The refund must be paid to the Donor, and only one claim is necessary per Donor, even if more than one Power of Attorney was registered. Please note Thy Will Be Done cannot claim or apply on your behalf.

How much is repayable?
The refund payable is dependent on the date the fees were paid. Our clients will also receive 0.5% interest. A claim can still be made if you are unsure of the exact date.

Please note: Our clients will receive half of the refund amount below if the fee they paid originally was at a reduced rate or remission.

 

Please see the table below for the exact amount per LPA you will receive back


How to claim:

Claim online

It takes about 10 minutes to claim online via the gov.uk website. Your UK bank account number and sort code will be required.

  
Claim by phone

Claims may be made by phone if you don’t have a UK bank account, the donor has passed away, you have difficulty using a computer, or if you are a court appointed deputy.

The Refunds Helpline will need to be contacted to process the claim:

Telephone: 0300 456 0300*
Textphone: 0115 934 2778
Refunds Helpline Email: poarefunds@justice.gsi.gov.uk
 

* Lines are open Monday, Tuesday, Thursday and Friday from 9am to 5pm and Wednesday from 10am to 5pm. Please select option 6 if calling. Visit www.gov.uk/call-charges for call charges.