What is the Court of Protection?
The Court of Protection makes decisions for people who, for various reasons, are unable to make decisions for themselves. In other words, they ‘lack mental capacity’. These decisions relate to financial and property affairs or health and welfare matters.
For free initial legal advice get in touch with our Court of Protection Solicitors.
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.
What Happens if I Can’t Pay?
People who are unable to pay the Court of Protection fees due to their financial situation can often be entitled to have a complete or partial reduction in their fees.
The applicant must first apply for help with Court of Protection fees by filling out and returning the COP44A form, which the Court then uses to assess eligibility. The applicant must file details of their savings and investments, benefits, income and personal details. This allows the Court of Protection to build up a picture of the applicant’s financial situation.
How Simpson Millar Can Help You
At Simpson Millar, we recognise that issues relating to Court of Protection proceedings can be confusing and distressing for those involved. We have a specialist department devoted to Court of Protection matters and our Solicitors have extensive experience in managing the technicalities of applications and appeals to the Court.
If you’re feeling confused about any aspect of the Court of Protection process, from applications and appeals to fees, then please don’t hesitate to contact us for more information.
For free legal advice call our Court of Protection Solicitors
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Simpson Millar Solicitors are a national law firm with over 500 staff and offices in Bristol, Cardiff, Lancaster, Leeds, Liverpool, London and Manchester.