COP44A FORM – How can you get help with Court of Protection fees?
When embarking on the journey to become a Professional or Lay Deput, navigating through the associated Court of Protection (CoP) fees is a crucial aspect. Understanding the intricacies of these fees becomes paramount, especially considering the potential additional costs if a hearing is directed or an appeal is initiated against the CoP’s decision.
Since 22 July 2019, the following fee structure has been in place:
|
Type of Fee |
Cost |
Payment due |
| Application Fee | £365 | Payable when initiating court proceedings or seeking permission to commence proceedings. |
| Appeal Fee | £230 | Payable upon filing an appellant’s notice to appeal a court decision or seeking permission to appeal a court decision. |
| Hearing Fee | £485 | Payable where the court has held a hearing to decide the application and has made a final order, declaration, or decision. |
| Copy of Document Fee | £5 | Payable on requesting a copy of a document filed during court proceedings. |
The fees are the responsibility of the applicant or appellant. In Property and Affairs cases, depending on the nature of the application, the fee can be recovered from the Protected Party the application is about (“P”).Seeking Assistance with Court of Protection FeesHelp with Court of Protection fees is available based on the applicant’s or P’s financial circumstances, particularly in health and welfare cases. The designated application form for fee assistance is the ‘COP44A – Apply for help with Court of Protection fees,’ accessible both from the Court of Protection and online.The guidance within the form explains what tests the CoP apply in determining eligibility for a Court fee exemption or reduction and is summarised below:
- Income-based Jobseeker’s Allowance (JSA);
- Income-related Employment and Support Allowance (ESA);
- Income Support;
- Universal Credit (and they’re earning less than £6,000 a year);
- Pension credit (guarantee credit).
- And if their savings are below £16,000, they are likely to qualify for either an exemption or a reduction in Court fees.
Responsibilities of Professional DeputiesFor Professional Deputies and those advising Lay Deputies, maximising P’s funds is a duty once appointed.It involves a meticulous examination of P’s finances to determine eligibility for a reduction. Timely completion of the COP44A form can result in significant savings, particularly when separate applications or hearings are necessary, potentially exceeding £1,000.Understanding the intricacies of Court of Protection fees, utilising the COP44A form, and exploring available assistance options are pivotal steps in ensuring a smooth and cost-effective Deputyship application process.For more advice and information, contact the Anthony Gold team or visit our Court of Protection services page.*Disclaimer: The information on the Anthony Gold website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. It is provided without any representations or warranties, express or implied.*
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