When a person who lacks capacity (“P”) passes away, the deputyship ends immediately. Although the legal authority of the deputy ceases at that point, there may still be administrative steps required to conclude the deputyship, such as finalising accounts or providing information to the Office of the Public Guardian or executors. It is important for professional deputies to understand how the costs associated with this work are treated.

Costs incurred up to the date of P’s death remain recoverable and can be assessed by the Senior Courts Costs Office (SCCO) in the usual way. These tasks may include ongoing management, financial administration, or other authorised work completed before the date of death. Clear time recording and supporting evidence remain essential to support these claims.

It is important to note that the deputy does not need to obtain additional authority to have pre-death costs assessed as the Court will treat these costs as being recoverable under the deputyship Order.

Any costs incurred after the date of death cannot be assessed by the SCCO and the Costs Officers have been instructed to disregard this work in the Bill of Costs. Post-death work, such as liaising with executors or closing accounts falls outside the Court of Protection’s jurisdiction. These costs may only be recovered with the agreement of P’s personal representatives and should not be assumed to be payable from the estate unless expressly authorised or agreed. No additional advice or guidance has been provided on how these costs should be recovered by the deputy.

Deputies should also be aware that all costs must be claimed within six years of P’s death as outlined in Rule 19.11 of the Court of Protection Rules 2017.

At BHP Law, we have extensive experience in preparing final deputyship bills, advising on what costs can be assessed, and helping deputies manage the transition following P’s death. Please do not hesitate to get in touch if you have any questions.