Our fees for working on Court of Protection cases are set by the Court. These fees are fixed, but they can be reviewed by the Court if they do not reflect the amount of work undertaken by the solicitor. The Court will always ensure that solicitor’s fees are fair and reasonable for Court of Protection cases. Therefore, these examples of fixed costs should be used as a guide.
Court of Protection fixed solicitors fees
Applications to Court
|Work done up to and including the date of deputyship order||£850 (plus VAT)|
|Applications under sections 36 (9) or 54 of the Trustee Act 1925 or section 20 of the Trusts of Land and Appointment of Trustees Act 1996 and section 18(1) (j) of the Mental Capacity Act 2005||£385 (plus VAT)|
Annual Management Fee
Annual management fee for professional Court of Protection Deputy for property and affairs, payable on the anniversary of the court order:
|(a) for the first year||£1,500 (plus VAT)|
|(b) for the second and subsequent years||£1,185 (plus VAT)|
|Preparation and lodgement of the annual report or annual account to the Office of the Public Guardian||£235
|Preparation of an HMRC income tax return on behalf of the client||£235 (plus VAT)|
Where a property is purchased or sold by the Deputy on behalf of the client, the conveyancer (solicitor) can charge 0.15% of the purchase price with a minimum sum of £350 and a maximum sum of £1,500 plus disbursements (third party fees).
Contact us to discuss your requirements and we’ll be happy to answer any of your questions about costs.
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:
- physical safety
- medical treatment
- 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 here.
If you have any questions about Court of Protection fees and costs, please contact us.
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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.