- July 25, 2013
- By David Wedgwood
- 0 comments
Court of Protection: Becoming a Deputy What will it cost me?
Many people every year lose the mental capacity to look after their property and affairs properly. Some have thought ahead and have already appointed an attorney, others, for many reasons, may not have done so.
Some of those who have lost capacity are lucky enough to have a friend or relative who is willing and able to become their Deputy and take control of their property and affairs for them. This can be quite a big task depending on the size of the estate or complexity of the assets they will have to deal with.
Anthony Gold helps many people every year apply to become Deputy for their friend or relative who has lost capacity mental capacity. As the current Trainee Solicitor in the Court of Protection department, I take many calls from potential new clients and one of the most popular questions they ask from the outset is: How much will it cost me to apply?
The simple answer is £400.00 – that is the fee charged by the court to consider the application papers once they have been compiled. This needs to be paid before the application will be considered. If and when the order appointing of Deputy is made, this fee can be reclaimed from the estate of the person who has lost capacity.
In reality matters are not so simple.
To start, there are exceptions where a fee is not charged at the outset – mostly dependent on the circumstances of the subject of the application (the person who has lost capacity) and the circumstances of the person applying to become Deputy.
In addition to this further fees or costs can be incurred such as hearing fees or doctor’s charges for completing paperwork to send to the court.
Then, of course, there are legal fees.
One will appreciate, even from the brief outline of fees above, the whole process can quickly become confusing and difficult to navigate. Legal fees can start at £900 if matters are straightforward, but rise if the matter becomes contested. Please ask us for a quote as to your case might cost.
Becoming a Deputy involves a huge amount of responsibility and many people benefit from seeking professional advice at the outset of an application. This can save the matter becoming complex and huge fees being incurred later on. Our fee for providing this advice is completely reclaimable from the estate of the person who has lost capacity.
In most cases, if we are to be appointed as the Deputy, we will defer the entirety of this fee until the order appointing a Deputy has been granted.
This means that, even if you feel that you cannot afford solicitors fees upfront, when confronted with the difficult and upsetting prospect of applying to become someone’s Deputy you will be able to receive the advice you need.
On top of this, Anthony Gold’s team of Court of Protection solicitors have the professional experience to ensure that your application will be carried out quickly, economically and efficiently.