Answering your questions in relation to appointing 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:
- An expert medical practitioner is asked to provide a report confirming that the individual lacks the mental capacity to manage their affairs
- 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
- 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
- An Annual Surety Bond is set up. This will compensate the individual if the Deputy misuses their money
- The Deputyship Order is then issued by the Court.
What does it cost to set up a Court of Protection Deputyship?
Our costs in dealing with the Court application are £950 plus VAT. A Court fee of £385 is also payable.
Annual Bond fees can range from £80 to £400, and the medical practitioner may also charge for the capacity report.
There will also be on-going 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 the vast majority of cases our standard fees will apply.
What do I do if I want to set up a Court of Protection Deputyship?
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