What is a Lasting Power of Attorney?

Do you have a lasting power of attorney (LPA)? We explain what one is and why if you registered one during April 2013 and March 2017, you may be due a refund.

What is a LPA?

A lasting power of attorney (LPA) is a legal document that lets someone (the ‘donor’) choose one or more trusted people (‘attorneys’) to make decisions on their behalf. An LPA gives the donor more control over what happens to them if they have an accident or illness that means they cannot make their own decisions (they ‘lack mental capacity’).

The attorneys must always act in the donor’s best interest, follow instructions the donor put in their LPA and consider any preferences the donor put in their LPA.

A lasting power of attorney can be made to cover the donor’s property and financial affairs or their health and welfare. The donor can make one or both of the LPAs. The LPAs do not have to be made at the same time.

Registering an LPA

All LPAs must be registered by the Office of the Public Guardian (OPG). Before registering an LPA, OPG:

  • checks that the LPA is legally correct
  • checks that there are no errors
  • gives people the opportunity to object if they have concerns about the LPA

It can take between 8 and 10 weeks to register an LPA if there are no mistakes in the application and no objections.

Are you due a refund?

A recent news story highlighted that during 1 April 2012 and 31 March 2017, the OPG was overcharging for registering LPAs. This means that anyone who registered an LPA during this period is likely to get part of their application fee back. This applies to lasting powers of attorney (LPA) and enduring powers of attorney (EPA).

The deadline for claiming this refund is 31st January 2021 and you can make your claim here.

How much will you be refunded?

How much you get refunded depends on when you paid the fees. You will also get 0.5% interest. You can still claim a refund even if you don’t know when you paid the fees. You will get half the refund if you paid a reduced fee (‘remission’).

When you paid the feeRefund 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
Information within table provided by www.gov.uk website

If you would like additional information regarding lasting power of attorney, then please get in touch.

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