Lasting Power of Attorney Registration fees.
These are the registration fees for both Enduring Powers of Attorney and Lasting Powers of Attorney. You should note that the fee is for application to register. This is important as it gives the Office of the Public Guardian a strong incentive to nit pick and throw out applications so you have to pay again (though you may get away with just £55 if you are quick and your mistake is minor.) If you read on, it gets worse. For your information, LPA registration can be a pain in the neck for professionals, so we only register Lasting Powers of Attorney for our own clients (but you are welcome to become one! See our page on fees.) Sadly you will find that the OPGs own guidance page on what they call “remission of fees” is rather misleading.
- Lasting Power of Attorney Property and Financial Affairs application to register fee £110.
- Lasting Power of Attorney Health and Welfare application to register cost £110.
- Enduring Power of Attorney (EPA) application to register cost £110.
- Lasting Power of Attorney (LPA) repeat application to register fee £55 within 3 months if the issue is considered minor.
- Office copy of a Lasting Power of Attorney fee £35 if the original has been lost. NO LONGER AVAILABLE IN MANY CASES.
- Office copy of an Enduring Power of Attorney £25 if the original has been lost. NO LONGER READILY AVAILABLE.
- Fees are payable on application, and are non refundable (even should the application fail or be withdrawn).
- Separate fees are required for applications to register Property and Financial Affairs, and Health and Welfare LPAs.
- Application to register fees are payable from the Donor’s (the person making the power of attorney) estate/funds.
- Office copy fees are payable by the person requesting the document. There is no remission or exemption available on this fee.
LPA Registration Fees: payment methods.
Registration fees can be paid either by credit or debit card, or by cheque.
• If you wish to pay by debit or credit card, you must show this clearly in your application form or covering letter and provide your telephone number.
• Cheques should be made payable to ‘Office of the Public Guardian’ with the Donor’s name
written on the back.
Remission and Exemption of LPA registration fees.
You can theoretically get a reduction (remission or an exemption) of LPA registration application fee if your income is low, you are on specific benefits or the fees would cause hardship.
However, the system is so hard to navigate that some professionals won’t even bother suggesting it. They know the saving far may be far outweighed by the extra fees they charge for the additional time needed. Aand that it probably won’t be granted anyway. We charge fixed fees, so this isn’t an issue. We feel that the less well off also deserve the best deal they can get from the Office of the Public Guardian.
At the time of writing, you can potentially get a 50% reduction to £110 per LPA. But only if you can prove conclusively that your BEFORE tax income is less than £12,000. This means that you will be required to produce evidence of all income. If it has been taxed before you received it, then the tax paid will be added back on. This means collecting a considerable amount of evidence for people with savings or investments. Often for nothing!
Applications for remission or exemption from LPA registration fees must be on the appropriate form and sent in with the registration application for the EPA or an LPA. They must must be accompanied by comprehensive documentary evidence covering your income and any income you share with anyone else – perhaps through joint savings. Income which is automatically re-invested must be decelared too. The remissions team will delay the application and they are seriously nit picking. It is crucial to supply as much evidence as you possibly can and bear in mind that you will still have to pay the full fee if the application for discount fails. If you can’t afford the extra fee demanded, then you have wasted bith time and money. Many people choose to pay the full fee just to avoid the hassle. The same applies to:
Exemption from Lasting Power of Attorney Registration Fees.
(i.e. no Office of the Public Guardian LPA registration application fee)
Exemption If the donor receives any of the following means-tested benefits when an application to register is made, they can apply for an exemption, or their attorney or solicitor can do so on their behalf.
• Income Support.
• Income-based Employment and Support Allowance.
• Income-based Jobseeker’s Allowance.
• Guarantee Credit element of State Pension Credit.
• Housing Benefit
• Council Tax Reduction/Support – also known by other names (but not the 25% single person discount or the Class U exemption.)
• Local Housing Allowance.
• A combination of Working Tax Credit and at least one of: – Child Tax Credit – Disability Element of Working Tax Credit – Severe Disability Element of Working Tax Credit.
Not included: Disability Living Allowance, Invalidity Benefit, Personal Independence Payment.
Exception If the donor has been awarded personal injury damages of more than £16,000 which were ignored when they were assessed for one of the above benefits, they won’t qualify for exemption.
To apply for an exemption of fees, you must enclose copies of recent letters (dated within the last three months) confirming receipt of the benefits above, such as letters from the DWP or benefit provider.
Remission (discount) on LPA Registration Fees.
If your before tax annual income is less than £12,000, and you can prove it, you should pay half the normal registration fee (i.e. £55 per LPA). Gross annual income may come from employment, non-means-tested benefits (such as Attendance Allowance and Disability Living Allowance), pensions and interest from capital investments.
To apply for a discount, send proof of your gross annual income, such as wage slips, bank statements or statements from a pension provider. The evidence provided should cover a period of at least three months.
If you don’t qualify for remission or exemption but the payment of fees would cause undue hardship, for example make it difficult to meet normal living expenses, you can still apply to have fees waived by writing to the OPG with supporting statements and documents.
Review and appeals.
If the your application for fee exemption or remission fails, you can ask for a review within four weeks by writing to the Head of Corporate Services at the Office of the Public Guardian. If the original decision to refuse the remission or exemption is upheld, it will be referred to the Public Guardian and Chief Executive for confirmation.