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Wednesday, 3 October 2023

Lasting Power of Attorney - what it costs

When you make a Lasting Power of Attorney, you may have to pay fees. Find out how much the fees are to register a Lasting Power of Attorney and if you have to pay them.

Lasting Power of Attorney application to register fee

When you apply to register your Lasting Power of Attorney, there is a fee of £130.

This fee is separate for each Lasting Power of Attorney you apply to register with the Office of the Public Guardian. For example, it costs £260 to apply to register both a health and welfare and a property and financial affairs Lasting Power of Attorney. The cost covers the work involved in processing an application, checking the documents, issuing notices and notifying applicants if there are any errors.

Refunds and corrections to your application

No refund is available if either you or your attorney die before registration is complete. No refund is available should the application be invalid or imperfect. However, some applications can be corrected without you being asked to apply to register the document again.

You should make sure your Lasting Power of Attorney forms are all filled in correctly, so you don’t pay more than you have to.

Getting a copy of your Lasting Power of Attorney

You will be supplied with your registered Lasting Power of Attorney.

The donor can make certified copies of the Lasting Power of Attorney if they still have mental capacity. This can be done by copying the registered document and writing the following text at the bottom of each page:

I certify that this is a true and complete copy of the original Lasting Power of Attorney

The donor must then sign the bottom of each page.

If the donor does not have mental capacity, a solicitor can make certified copies of the Lasting Power of Attorney.

Who is responsible for paying the fees?

The person registering the Lasting Power of Attorney is responsible for paying any fees. This cost can be claimed from the donor’s (the person who made the Lasting Power of Attorney) funds.

If the fee is for a copy of the Lasting Power of Attorney forms, the fee should be paid by whoever is requesting the copy. This can normally be recovered from the donor’s funds.

Finding out if you are exempt from paying fees

You do not have to pay any fees if you receive any of the following benefits:

  • Income Support
  • Income based Employment and Support Allowance
  • Income-based Job-Seeker’s Allowance
  • Pension Guarantee Credit element of State Pension Credit (you will not be eligible if this is calculated as nil)
  • a combination of Working Tax Credit and either Child Tax Credit Disability Element Working Tax Credit or Severe Disability Element
  • Housing Benefit; or Council Tax Benefit (but not including the 25 per cent single person reduction)
  • Local Housing Allowance

You can request a fee exemption at the time you pay the fee. Your request must have supporting evidence, such as an official letter or entitlement notice from the appropriate benefit provider. It should be no more than three months old, must contain your title, full name, address and postcode. It must also confirm that you currently receive the benefit.

If you don’t supply the right evidence you will have to pay the full fee.

Fee remission – getting a partial discount

Even if you don’t qualify for a fee exemption, it is still possible that you won’t have to pay the full fee. Getting a discount on a fee is called ‘fee remission’.

Fee remission is based on annual income before tax and National Insurance are deducted. State benefits, pensions, interest from any investments and non-means-tested benefits (such as Disability Living Allowance) are also considered.

If your gross annual income is less than £12,000, you only need to pay 50 per cent of the application to register fee.

How to apply for an exemption or remission

To apply for a fee exemption or remission you should complete the form ‘LPA120- Application for a fee exemption or remission’. You can download this form using the link below. Once you have completed this, you should send it to the Office of the Public Guardian at the following address:

Office of the Public Guardian
PO Box 16185
B2 2WH

You can read more detailed information about fees, exemptions and remissions by following the link to the leaflet 'LPA120 - Lasting Power of Attorney fees'.

How should the fees be paid?

Fees can be paid either by cheque or a credit/debit card.

If you are paying by cheque, it should be made payable to ‘Office of the Public Guardian’. The client’s (the donor’s) name should also be written on the back of the cheque. If you know the case and fee numbers, then you should write them on the back of the cheque as well.

To pay a fee by credit or debit card, you need to telephone 0121 450 6686.

Additional links

Lasting Power of Attorney forms

Get the forms you need to register a Lasting Power of Attorney

Have you received your forms?

If you applied to get forms by post on 20-21 August, your request might not have been received. Can you please apply again?

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