How to claim power of attorney

If you submitted an application for Power of Attorney to the Office of Public Guardian between 1 April 2013 and 31 March 2017 there is a chance you’ve overpaid and may be entitled to a partial or full refund as well as interest. 

To claim a refund on your Power Of Attorney (POA) application, you will need to contact the Office of Public Gurdian (OPG) by telephone, post or email. 

You may also want to find out if you can get a refund before and after those dates. What you may be entitled to and how to go about claiming a refund

How much am I owed for a Power of Attorney refund?

The amount your owed for a POA refund will vary depending on when the application was made, see table below for details:

When the fee was paid	Refund for each individual Power of Attorney
April 2013 – September 2013	£54
October 2013 – March 2014	£34
April 2014 – March 2015	£37
April 2015 – March 2016	£38
April 2016 – March 2017	£45
You will get half of the refund if you paid a reduced fee.
You will also get 0.5% interest.

As of January 31 Januray 2021 you are no longer able to make a claim through .gov, contact our estate planning advice team to find out how we can help

If you applied for a Power of Attorney between April 1, 2013, and March 31, 2017, as either the donor or the attorney, you will be eligible for a refund. 

The return, however, will only be made to the donor. If the donor has died, only the executor of the will or administrator of the estate can claim a Power of Attorney refund.

How do I claim my Power of Attorney refund?

Prior to making your application

Before you start your power of attorney refund you will need:

• The donor’s UK bank account number and sort code.
• The donor’s name, address and date of birth.
• The name of one of the attorneys on the Power of Attorney.

 

If the donor has died while the Power of Attorney was filed, you must send the following documents to the Office of the Public Guardian before you can file a claim:

• Death certificate of the deceased donor
• Grant of Representation (for example, Grant of Probate or Letters of Administration)
• Copy Will confirming your are the Executor if no Grant of Representation is being obtained

You can send the documents by post or email them to poarefunds@justice.gsi.gov.uk

Making your claim

The procedure for requesting a Power of Attorney refund is pretty simple. You can file a claim online, over the phone, or by post. 

Contact Information:

 

Online: – https://www.gov.uk/power-of-attorney-refund

Telephone –  0300 456 0300

Post:

POA Refunds Team

7th Floor, Office of the Public Guardian

PO Box 16185

Birmingham

B2 2WH

How long do claims take to process?

It takes up to 12 weeks for claims to be processed. Once approved, the refund will be paid straight into the donor’s bank account.

What do I do if my claim is rejected?

If your claim is rejected, you can appeal the decision by contacting the Refunds Helpline on 0300 456 0300 or by email: poarefunds@justice.gsi.gov.uk.

Am I owed money for deputyship fees?

This is a pretty simple reclaim — the Government’s clear that anyone who paid to register a Power of Attorney in England or Wales between April 2013 and March 2017 should not have had to pay as much as they did.

According to today’s data, it’s mostly gone unnoticed – and there’s a serious chance that when the deadline comes, 100,000s will have missed out. So, if you believe you are due money, apply for it soon to avoid losing it.”

How can I claim a deputyship refund?

60,000 reimbursements for overpaid deputyship fees are also pending. It is estimated that most people will get less than £200 in refunds.

The Court of Protection appoints a deputy to look after the affairs of someone who has lost ability but has no Power of Attorney. The Office of the Public Guardian charges an assessment cost of £100 and an annual supervision fee of £320 (however individuals may pay a reduced price of £35 if they manage less than £21,000 and require a lesser level of monitoring).

Deputyship repayments are due since fees collected between April 2008 and March 2015 did not match actual costs incurred by the Office of the Public Guardian to monitor deputies.

The 60,000 reimbursements are for persons who used to have a deputy but now make their own choices, or for those who had a deputy but died. The Ministry of Justice claims that “99.9%” of qualified current deputies have been paid, and unpaid cases have “complicated challenges.”

Can I stop being an attorney?

Yes, you can stop acting as attorney at any time. If it’s before the LPA is registered you should tell the donor using form LPA005. 

If the LPA has been registered you will need to complete form LPA005, Disclaiming Your Appointment and send it to the Office of Public Guradian as well as the donor

Can the registered LPA be cancelled or revoked?

Yes, if the donor still has the mental capacity to do so, they can revoke the LPA. They will have to tell the attorney and the Office of Public Guardian of the revocations so that the LPA can be removed from the register.

In addition to that the Office of Public Guardian can cancel the registration on factual grounds, such as bankruptcy and the Court of Protection can also terminate the LPA, where the attorney is not carrying out the duties in the right way.

What’s the difference between Lasting Power of Attorney, Enduring Power of Attorney and Ordinary Power of Attorney?

The main differences between ordinary power of attorney, lasting power of authority and enduring power of attorney is:

	Ordinary Power of Attorney	Lasting Power of Authority	Enduring Power of Attorney
What it covers	covers decisions about your financial affairs	Gives cover on ‘Health and welfare’ as well as Property and Financial.	Gives cover on only Property and Financial.  Can be used if it was signed prior to 1 October 2007
Comes into effect	Valid whilst you have mental capacity	When you lose mental capacity or no longer want to make decisions for yourself	When you lose mental capacity or no longer want to make decisions for yourself
Protection	Short term cover – For a hospital stay, or if you just having difficulties and you want someone to be able to act on your behalf	Long term cover for the future and can make life changing choices for the donor	Long term future cover.
Begins	Only when it is registered with the Office of Public Guardian	Only when it is registered with the Office of Public Guardian The LPA holder no longer has to apply to the court when the person conferring the power is no longer mentally capable.  The LPA is now only registrable with the Office of the Public Guardian	When it is signed.  The EPA only requires registration when the person giving the power loses capacity
Ends	When the donor  become mentally incapacitated		When the donor dies If you become bankrupt If you voluntarily revoke attorneyship

 

How long does a durable Power Of Attorney last?

Durable Power of Attorney is designed to cover unforeseen circumstance, like becoming unconscious and being on life support after an accident. It allows the donor to act immediately in your financial best interest as opposed to a family member going to court first. 

Typically once you’ve recovered from being incapacitated, a durable power of attorney would come to an end. 

How long does a general Power Of Attorney last?

A General Power of Attorney automatically ends if you become incapable of making the decisions that are conferred by the Power.

Making a lasting power of attorney

If you’re considering making a lasting power of attorney Joslin Rhodes can help advise and make sure that you have the cover you’re looking for.