This information is intended for families of clients where a solicitor from this firm is acting as the Court of Protection appointed deputy for that client. We have provided information about how we charge for applying to the Court of Protection to be appointed as deputy and for the ongoing administration of the client’s financial affairs.
If you are looking for more general information, please visit our main Court of Protection page.
How we calculate our charges
Our charges are ordinarily based on time spent. VAT is payable in addition.
The Court of Protection dictates the charging rates that we can apply. The hourly rates claimed will be the Court guideline figures, which are:
Solicitors with over eight years post qualification experience, including at least eight years litigation experience.
Solicitors and legal executives with over four years post qualification experience including at least four years litigation experience.
Other solicitors and legal executives and fee earners of equivalent experience.
Trainee solicitors, paralegals and other fee earners.
If we are making an application to the Court of Protection we will ask the Court to order that the costs of the application should be paid from the client’s funds. The application will request the Court to order that the costs can be agreed or in default of agreement that the file should be submitted to the Senior Court Costs Office to determine the costs.
Ongoing costs of the deputyship administration
Once a solicitor from this firm has been appointed as deputy our file will be submitted to the Senior Court Costs Office (SCCO) annually following the end of the deputyship year. Our file will be accompanied by a detailed bill prepared by an external costs draughtsman detailing all of the work undertaken in the course of that deputyship year based on the hourly rates claimed i.e. the Court guideline figures.
A Senior Court Costs Officer will then determine what it is reasonable and proportionate for us to charge. The Senior Court Costs Officer will also be aware of the extent of the client’s assets and income in order to make that determination.
In the course of the deputyship year the Court allows us to take three quarterly invoices based on the amount of work undertaken in that period and a final bill. The quarterly bills are discounted when they are raised in order to take account of the possibility that the SCCO may not allow all the time recorded on the file when the file is reviewed at the end of the deputyship year. If the SCCO allow the discounted time it will be included in the final bill once the SCCO has completed its review.
The SCCO’s annual review of the file ensures that the client is protected and charged appropriately for the work undertaken by the professional deputy.
Legal aid for Court of Protection cases
Legal aid is available for some welfare cases in the Court of Protection, provided that the following conditions are met:
The case must involve an individual’s:
capacity to marry or enter into sexual relations
the right to family and private life
The applicant for public funding must be eligible on means (have limited income and capital so that they are unable to pay for legal advice). There must be merit in bringing the case (ie the prospects of successfully obtaining the desired outcome are assessed as being good or excellent).
The matter raises issues that will require representation at an oral hearing.
Legal Aid is also available to challenge Deprivation of Liberty Authorisations, but not in respect of financial applications.
Other Court of Protection fees
In addition to solicitor’s fees, there will also be fees payable to the Court of Protection. The latest Court of Protection fees can be found on the GOV.UK website.
Contact a Court of Protection solicitor
To learn more about Court of Protection fees, costs or funding call our specialist team of lawyers now on 0800 652 8025 or contact us online.
The skilled team specialises in the management of the whole spectrum of Court of Protection work