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Court of protection

If someone you know is unable to look after their own affairs, you may need to apply to be a deputy through the Court of Protection so that you can safeguard their welfare and finances on their behalf. Applying to the Court of Protection is quite a complex process that requires specialist legal advice and can take time to arrange. We’ve outlined the most common Court of Protection questions people ask us below:  

What is court of protection?

A Court of Protection is the statutory court that you apply to when someone doesn’t have the mental capacity to deal with their own affairs.

How much does it cost?

The solicitor’s fee, which is fixed by the court, is £950 + vat. There is also a £400 court fee although, depending on your income, you may qualify for exemption / remission and a doctor’s medical report costs in the region of £150 - £250. There are other ongoing court administration fees that are payable on an annual basis which we can also advise you on.

How long does the process take?

A Court of Protection order is a very involved process which takes around six months and requires specialist guidance. Due to the complexities in this area of the law, we always advise clients to set up a Lasting Power of Attorney which negates the need to apply for a Court of Protection.

Who can apply to become a deputy at the Court of Protection?

Anyone who has an interest in the person who lacks capacity as long, as they’re over 18 and haven’t been declared bankrupt.

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