Court of Protection Order2022-10-06T10:48:33+00:00

Court of Protection Order

A Court of Protection order is designed to help people who have lost mental capacity manage their affairs. The court order typically gives power similar to that of a Power of Attorney to an individual – known as a Deputy. This is normally a family member or close friend.

This power allows you to make decisions on behalf of another person regarding their health, financial affairs, property, and overall welfare.

What happens when applying for a Court of Protection order?

  • We will send you a questionnaire via email or in the post for you to complete.

  • An appointment will be made, which is convenient for you. This can be in person or over the phone.

  • The documents will be prepared and sent to you to approve.

  • You will need to arrange for a capacity assessment of the person who needs a Deputy appointing.

  • Once all forms are signed, we will notify any relevant people of the intention to make the application.

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Attwells Solicitors support you with court of protection services for a deputyship application and order

How long does a Court of Protection order take?

We will need to complete the required forms to make the application for you to apply to become a Deputy. We will let you know what information we need to complete the forms for you and this process should take a week.

There are a number of formalities that need to be complied with and this will depend on your circumstances.

We will need to get an assessment of the person you are applying to become the deputy of to confirm that they no longer have mental capacity. This can take some time to arrange.

We may also need to notify certain people that you intend to make the application.

Depending on the formalities required, the process can often take up to 4 months before you may be appointed as a Deputy if the Court is happy to do this. In some circumstances, the Court may decide they need more information in considering the application, and a further hearing may be needed which can extend this time.

Why choose Attwells Solicitors to make your Court of Protection application?

We can take you through the lengthy forms with ease. We explain each section to you and provide advice specific to your circumstances, how the application needs to be made and if any further appointments are necessary depending on what needs to be done, such as selling a property.

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Court of Protection

£950
  • Making an application to the Court of Protection to be a Deputy for either property and financial affairs or personal welfare

Fees will be payable on producing the documents for you to sign.  If you decide to withdraw instructions part way through the work we are undertaking for you, a proportionate part of the fee will be payable.  This will be limited to the amount of the deposit that we will ask for upfront.

What is excluded from the price:

  • Appointing trustees (sometimes needed if a property has to be sold)
  • Challenging decisions of the Court of Protection for example, if they are not willing to approve the application
  • Tax advice
  • Advice on benefits
  • Legal advice outside of the service requested

Disbursements:

There is a £365 court fee for the application.*

There is a £500 court fee but only if a full hearing is needed – this would be payable on top of the initial application fee.

There are ongoing annual fees that you need to pay to the Court of Protection for supervising your appointment as a Deputy. These can range between £35 and £320 and depend on the type of Deputy you are and the amount of money that is held by the donor.

There is a £100 assessment fee payable to the Court of Protection in your first year as a Deputy.

There is often a bond that needs to be paid if you are applying to be a property and affairs Deputy.

For a mental capacity assessment that is often needed for the application, a medical professional may make a charge for undertaking such an assessment.  The amount will depend on your location and the reason for lack of capacity as a specialist may need to make the assessment.

*People on low incomes or on certain benefits may qualify for reductions or a complete waiver of this cost.

Disbursements are payable before we incur the cost.

When do I pay?

Attwells Solicitors will ask you for a deposit, which will go towards your legal fees and any disbursements that may need to be incurred.  The balance of the fees and disbursements will be payable before the application is made.

Do you require a deposit?

Yes, we require 50% of our fee.

Power of Attorney

A Lasting Power of Attorney can be required at any stage of life and for numerous reasons. Typically, however, an LPA, as it’s commonly known, is required when a person needs care or additional support. It is a common misconception that your next of kin can make certain decisions for you if you are not able to, especially in respect of your health and wellbeing. The reality is that you must formally give the power to another person to make decisions for you, even if that person is your spouse or civil partner.

Find out more

Personal Law articles

We have taken the time to explain different parts of the legal process and to offer practical advice. A lot of our articles have been written based on the personal experience of our solicitors, support staff, and clients. We hope you find the information useful.

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