Court of Protection

• A person’s capacity to make a decision
• The personal welfare, property or affairs of people who lack capacity
• Serious medical treatment – providing, withdrawing or withholding treatment to a person without capacity
• Appointing a Deputy to make ongoing decisions for a person who lacks mental capacity
• A Lasting Power of Attorney or an Enduring Power of Attorney – whether the power is valid, objections to registration, the scope of Attorney powers and removal of Attorney powers.

Court of Protection Deputy FAQs

Below, we have answered some frequently asked questions about becoming a Court of Protection Deputy:

• Who can act as a Court of Protection Deputy?

  The Court is usually willing to appoint a family member to act as Deputy as long as they:

  • Are over 18 years of age;
  • Are not bankrupt; and
  • There is no objection from other concerned parties.

  In certain instances, such as where a large personal injury settlement is due to be received, the Court may prefer to appoint a Professional Deputy (generally a solicitor) who is experienced at handling large sums of money and dealing with complex financial arrangements, such as the employment of carers.

• How is a Court of Protection Deputy appointed?

  It’s a simple process, based on the following steps:

  1. An expert medical practitioner is asked to provide a report confirming that the individual lacks the mental capacity to manage their affairs
  2. An application is then prepared and submitted to the Court. This will include the capacity report as well as details of the individual’s finances and present situation
  3. The Court will formally issue the application, and notices will then be sent to certain people who can object if they do not agree with the appointment
  4. An Annual Surety Bond is set up. This will compensate the individual if the Deputy misuses their money
  5. The Deputyship Order is then issued by the Court.

• What does it cost to set up a Court of Protection Deputyship?

  Our cost in dealing with a Court application for a professional appointment is £950 plus VAT. In respect of a Court application for a lay appointment, our fees range from £1,750 to £2,000 plus VAT. A Court fee of £371 is also payable with these applications.

  Annual Bond fees can range from £80 to £400, and the medical practitioner may also charge for the capacity report.

  There will also be ongoing annual costs which we can discuss with you. Should a professional be appointed as a Deputy then these costs may be substantial.

  These fees are our standard costs but these charges may be higher if your case is more complex. If this is the case then we will provide you with a quote. However, in most cases, our standard fees will apply.

• What do I do if I want to set up a Court of Protection Deputyship?

  If you would like go ahead or would like more information, please call us on 0800 024 1976 or contact us via our online form and we will be happy to discuss your circumstances in more detail.

• Many years of expertise in Court of Protection applications and administration in relation to individual’s property and financial affairs
• Advice on applications for the appointment of a Deputy, making of a Statutory Gift or Statutory Will and the applications in relation to a Trustee who has lost capacity
• Ability to act as a Professional Deputy
• Substantial experience and expertise in contentious Court of Protection work
• Specialist investment advice from our in-house Investment Management team, which includes a comprehensive ongoing review service.