If you’re acting as a deputy for someone who lacks mental capacity, understanding the costs involved is essential. The Court of Protection allows fixed costs for certain types of work, making the process more predictable and cost-effective for clients. These fixed fees cover common tasks such as applying for deputyships, annual management work and basic applications, ensuring deputies know in advance what charges to expect.

When a deputyship order is granted, professional deputies can either be authorised to have their costs assessed by the Senior Courts Costs Office (SCCO) or to claim fixed costs. To provide clarity and avoid the need for assessment in lower-value cases, the Court of Protection permits solicitors to recover fixed costs for certain work in accordance with Practice Direction 19B.

The fixed costs regime includes set fees for deputyship applications, annual management, annual reports, and specific applications, such as property transactions or tax returns. This approach ensures that deputies can focus on managing P’s affairs without the uncertainty of variable legal costs.

Where the person lacking capacity (‘P’) has assets below £20,300, the deputy’s fees are limited to 4.5% of P’s net assets for Property and Financial matters and 2.5% for Health and Welfare cases. This ensures that costs remain proportionate and that P’s estate is preserved for their ongoing needs.

These fixed amounts can be taken directly from P’s funds without assessment. However, if the legal work is unusually complex, contested or exceeds the fixed fees, the deputy can request an assessment by the SCCO.

If a deputy has their costs assessed without prior authority from the Court order, the Office of the Public Guardian will expect them to apply to the Court of Protection for retrospective approval.

At BHP Law, we have extensive experience handling deputyship applications, annual management, and statutory will cases, ensuring compliance with the fixed cost rules. Our dedicated costs team also advises on cost recovery, the detailed assessment process, and strategies for managing costs effectively.

 If you need guidance on Court of Protection costs or deputyship costs, please contact our friendly and professional team today.

You can see a breakdown of our Court of Protection fixed costs here.