Court of Protection Deputyship Orders

Legal help for patients and families affected by the Court of Protection and human rights issues.

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An individual with mental capacity can appoint another to make decisions on their behalf by creating a Lasting Power of Attorney (LPA).

Where an individual no longer has mental capacity (X) they are no longer capable of making an LPA and appointing an attorney(s) to make decisions on their behalf. If this is the case it is recommended that whomever (can be multiple) was likely to be appointed as an attorney under an LPA, apply to the Court of Protection to be appointed as their Deputy.

Following a successful Deputyship application, the Court of Protection will make a Deputy order which authorises a Deputy to take decisions similar to that as authorised under an LPA. However, unlike an LPA a Deputy is accountable to the Court annually and is required to provide a report informing them of the decisions they have made and the corresponding accounts for the Court’s approval.

Deputyship orders come in two forms – Property and Financial Affairs and Health and Welfare.

Deputies often are people who have a close relationship with the X, such as a person’s spouse, but where specific knowledge or expertise is required it is possible and advisable that a professional deputy be appointed. It is worth noting however, a professional Deputy is permitted to charge for their work.

The complexity, expense and lack of control of a Deputyship application is one of the greatest incentives for an individual to consider an LPA whilst mental capacity is still maintained.

Fixed Fees

Circumstances permitting, we offer a fixed fee package for the preparation, issue at Court and progression of a Deputyship application. We charge £1020 + VAT + disbursements. Further cost will be incurred on an hourly basis should any unforeseen work be required, for example the Court believes a hearing is necessary. If this is the case we will notify you at the earliest opportunity that our fees will be subject to change.


There are other costs that will be incurred by the application that are not covered by the fixed fee as they are costs outside of our control. Every application must be accompanied by an Assessment of Capacity form as completed by a medical practitioner. The cost of this can range from nothing to £500.

Due to the level of involvement by the Court during an application and Deputyship period there are costs that the Court applies. The Court fee for issuing an application is £365 and once a Deputy is appointed an £100 assessment of the Deputy will be required. There is the possibility as aforementioned the Court will deem a hearing as necessary for further consideration of the application, in which case the fee of £500 is payable.

For the protection of the X the Court applies an annual Supervision fee based upon the degree of Supervision that it considers appropriate. At its lowest level of involvement the Court charges £35 and where considerably more involvement is required the maximum charge is £320. The charges can fall anywhere within this range at the Court’s discretion.

To cover their actions a Deputy must take out a security bond which is payable annually. The value of the bond is dependent on the nature and value of the estate and the degree of responsibility that is held by the Deputy.

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Reimbursement, Exemptions and Using X’s Funds to Cover the Costs

The costs of a Deputyship application and the costs of acting as a Deputy can be recovered from the estate of X.

If X has a gross annual income of less than £12,000 a discretionary 50% remission can be applied on the Court fee, Assessment and Supervision fees.

Exemptions apply if X receives one of the following (and has not been awarded damages exceeding £16,000 which were disregarded when they were awarded);

  • Income Support;
  • Income-based employment and support allowance;
  • Income-based Jobseeker’s Allowance;
  • Guarantee Pension Credit;
  • Housing Benefit;
  • Council Tax Reduction/Support;
  • Working Tax Credit in addition to one of the below;
    • Child Tax Credit;
    • Disability Element of the Working Tax Credit;
    • Severe Disability Element of Working Tax Credit.

To be applicable evidence of the relevant benefit must be provided.

Out of Scope Work

If the matter is unusually complicated, requires a higher degree of involvement or the attention of more senior staff then it is unlikely that we will be able to perform this work at our usual fee. We will notify you of this as soon as these circumstances become apparent.

Our fees are set by the Court. The fixed fee is £850 plus VAT. Solicitors reserve the right to request this figure be reviewed on the basis the work being performed is considered abnormal and beyond the scope of an average application.

Despite a client’s agreement to pay more than our fix fee, ultimately the value of the work is reviewed by the court and the Court will always have the opportunity to reconsider what cost are fair and reasonable.

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