Written by: Jason

Category: Lasting Power Of Attorney

Published: 14th January 2014

A Lasting Power of Attorney can be registered at any time after it has been made. However, it cannot be used until it has been registered with the Office of the Public Guardian (OPG). Registering the Power of Attorney soon after it is made means that it will be ready to be used by your attorney(s) when needed.

The longer the Power of Attorney is kept after making it and before registering it. The more likely you or your attorney(s) will need to keep its contents up to date, for example, addresses or contact details.

During this period your Lasting Power of Attorney cannot be amended.

With effect from the 1st of October 2013, the Office of the Public Guardian (OPG) changed its fees for registering Lasting Powers of Attorney.

I would always recommend you instruct a professional to draft your Powers of Attorney, as this can save a lot of time and cost in the form of repeat fees if your initial application is rejected due to errors on the forms.

New Lasting Power of Attorney Fees

Full Fee

Lasting power of attorney (LPA) application fee £110

* If the donor qualifies, an exemption or remission may be available (see details below)

Repeat LPA application fee £55

* If the donor qualifies, an exemption or remission may be available (see details below)

Office copy/certified copy of an LPA £35

* No exemption or remission is available

You must pay an application fee when you apply to register a power of attorney. Fees are non-refundable, even if the power of attorney is not registered.

• Application fees are paid by or on behalf of the donor.
• If both types of LPA are required, then fees are payable per power.
• Office copy fees are paid by the person requesting the document.

OPG Terminology Explained

Exemption

When a donor doesn’t have to pay because they receive certain means-tested benefits.

Remission

A 50% fee reduction based on a donor’s financial circumstances or a reduction based on the donor receiving Universal Credit.

Office copy or certified copy

These are official copies that are only supplied in exceptional cases.

Exemption and Remission of Application Fees

A donor may be entitled to an exemption or remission of application fees based on their financial circumstances. It’s only the donor whose benefits and income matter.

In order to qualify for fee exemption to must meet the OPG exemption criteria and be able to provide supporting evidence. Without supporting evidence a claim will not be considered.

Exemption Criteria

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 (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

Supporting Evidence for Exemption

Copies of letters from a benefit provider showing the donor received at least 1 of the listed benefits at the time you applied to register. Letters must confirm that the benefit was being paid to the donor and include their printed details (title, full name, address and postcode).

Remission Based on Income

If the donor’s gross annual income is less than £12,000, they may be eligible for a 50% reduction of the fee. Gross annual income is income before tax.

It may come from employment, non-means-tested benefits (such as Attendance Allowance, Disability Living Allowance or Personal Independence Payment), pensions, Pensions Savings Credit, interest from savings and investments, or the rent of the property.

Supporting Evidence for Remission

Proof of the donor’s gross annual income is required. Evidence must relate to the time of the application to register. Bank statements are not accepted.

Evidence can be in the form of :

• Paid employment – A P60 or 3 months’ consecutive wage slips from current employment.
• Non-means-tested benefits and pensions – an official letter or notice from the payer
• Interest from the capital, stocks, shares or bonds – statements or vouchers showing gross income.
• Self-employment – most recent self-assessment tax return and HMRC tax calculation, or audited account certified by a qualified accountant.

If the donor receives no income, they must send a signed statement explaining how they support themselves. If they don’t have mental capacity their attorney or solicitor can supply and sign this statement.

Remission Based on Universal Credit

A donor may qualify for remission if they receive Universal Credit.

Supporting Evidence of Universal Credit

You need to send copies of letters showing the donor received Universal Credit at the time you applied to register. Letters must confirm that the benefit was being paid to the donor and include their printed details (title, full name, address and postcode).

Hardship

If the donor doesn’t qualify for remission or exemption, but paying fees would cause them financial hardship. For example, paying the fees would mean they couldn’t meet their normal cost of living, an application can be made to request that the fees are waived.

To make a claim the donor would need to write to OPG explaining why payment would cause hardship, enclosing supporting evidence. In the form of, bank statements and documents showing all savings, income and outgoings.

Related Links

Cancelling a Power of Attorney
UK.GOV Power of Attorney
What is a Lasting Power of Attorney