When a loved one loses the ability to make decisions for themselves, you may need to apply to the Court of Protection for a deputyship order so that you can make decisions on their behalf. At Simper Law, we regularly help families to navigate the relevant Court of Protection processes. When we do so, one of the most common questions our clients ask us is, “How much does it cost to get deputyship?”
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What Is Deputyship?
Deputyship is a legal arrangement that involves the Court of Protection appointing someone to make decisions on behalf of a person who has been found to lack the mental capacity to make decisions for themselves. The person appointed by the Court of Protection is known as a deputy.
There are two types of deputyships that the Court of Protection can make.
One relates to decisions regarding the person who has lost capacity’s financial affairs. The matters with which the deputy might deal include collecting the vulnerable person’s benefits, managing their investments, and dealing with any property they own. This type of deputyship is known as a Property and Financial Affairs Deputyship.
The other type of deputyship relates to decisions regarding the person who has lost capacity’s health and welfare. Those decisions might include relocating the person to a care home, changing the person’s diet, the person’s care needs, and some types of medical treatment. This type of deputyship is known as a Health and Welfare Deputyship.
Why Do You Need To Pay To Get Deputyship?
Applying for deputyship involves much more than simply filling out and submitting forms. The Court of Protection oversees the process carefully to ensure that the interests of vulnerable people are fully protected. As a result, the application process necessitates incurring a variety of fees, including legal fees, medical assessment fees, and ongoing supervision costs.
All of our clients’ circumstances are different, which means that the work involved, and the evidence required in submitting their application also vary from case to case. Our Court of
Protection solicitors will be able to provide an estimate of the likely costs you will incur once they have met with you and considered your situation.
How Much Does It Cost To Get Deputyship?
As we have explained, how much it costs to get a deputyship depends on the circumstances of the case. Examples of some of the costs you will likely incur are set out below.
• Court Application Fee
At the time of writing, the fee for making a deputyship application is £421.
• Hearing Fee
Sometimes, the Court of Protection decides that it needs to list a case for a hearing. If it does, you will need to pay an additional fee of £259 (at the time of writing).
• Medical Assessment Fee
The Court of Protection requires a capacity assessment by a medical professional to confirm that the individual involved lacks capacity to make decisions. You will need to pay the medical professional’s costs, which vary depending on the doctor or specialist.
• Security Bond
Where the deputyship application is for a property and financial affairs deputy, the Court of Protection usually requires payment of a security bond. A security bond is a type of insurance intended to protect the vulnerable person’s money in case of misuse. There are two exceptions, which are if you are representing a local authority or where the Court of
Protection decides that a security bond is not necessary, for example, because the vulnerable person’s estate is of a low value.
The amount of the security bond depends on the value of the vulnerable person’s estate and the extent of your control.
• Legal Fees
Deputyship applications can be complicated, and most applicants seek legal advice in connection with making one. Our Court of Protection solicitors will provide you with an estimate of our fees before they begin work so that you can budget accordingly.
• Ongoing Costs Of Deputyship
Deputyship is not a one-off process. Deputies must report annually to the Office of the Public Guardian (OPG), and supervision fees apply.
At the time of writing, the OPG’s fees for supervising deputyships include a one-off fee for a deputy assessment of £100 and an annual supervision fee of £320.
Deputies must submit an annual report to the OPG. Many people seek professional support to ensure their reports are accurate and legally compliant.
It is important to note that you can pay most of the costs involved in applying for and acting as a deputy using the vulnerable person’s funds as opposed to your own personal money.
If you believe that you may need to apply to act as a deputy for someone you love, it is vital to act quickly. The process can take several months, and urgent decisions may need to be made for your loved one in the meantime.
With expert support from our Court of Protection solicitors, you can navigate the deputyship application process smoothly, avoid unnecessary delays, and focus on what really matters: caring for your loved one.
Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.
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