The Court of Protection has wide-ranging responsibilities including:
- Deciding whether someone has the mental capacity to make a certain decision
- Appointing ‘Deputies’ who make ongoing decisions for those who lack mental capacity
- Making decisions about Enduring or Lasting Powers of Attorney.
An application must be made to the Court of Protection if a person wishes to make decisions on someone’s behalf. This might be the case if an individual loses mental capacity due to a health condition and a relative is required to manage their financial affairs.
Applications can be made to the Court of Protection by filling in and returning a COP1 form, along with any supporting documentation required by the Court.
How Much Does It Cost?
Making an application to the Court of Protection can be costly. However, help is available for those who are unable to pay.
Standard Court of Protection Fees
Application Fee £385 - Upon making an application to the Court of Protection
Appeal Fee £320 - If appealing a Court of Protection decision or seeking permission to do so
Hearing Fee £500 - If the Court of Protection decides that a hearing must be held to decide the result of an application
Copy of Document Fee £5 - If requesting a copy of a document filed during the Court proceedings.
These fees must be paid to the Court of Protection by the person making the application and sent with the application forms. Depending on the nature of the application, you may be entitled to recover the fee from the person that the application is about.
If the application relates to a person’s property/financial affairs, then you’re entitled to reclaim the fee from them. If it relates to a personal health or welfare matter, then the applicant may not reclaim the fees, unless they’re already an appointed Deputy to the person.