Solicitors supporting lay applicants in deputyship matters play a vital role in ensuring a smooth, compliant process before the Court of Protection. One aspect that should not be overlooked is the recovery of legal costs - which, in most cases, are payable from P’s estate.

Where the application is routine and unopposed, Practice Direction 19B entitles solicitors to claim fixed costs of £1,204.00 plus VAT for the preparation of the deputyship application. However, where matters are more complex or time consuming, for example, involving safeguarding issues, disputes between family members and asset investigations, a detailed assessment may be more appropriate.

Solicitors are not restricted to fixed costs and may choose to submit a bill for assessment at the Senior Courts Costs Office (SCCO) should the necessary authority be granted. This allows for fairer remuneration where the work involved exceeds what the fixed fee reflects.

It’s important to remember that even when acting on behalf of a lay deputy, the solicitor’s reasonable and proportionate costs can still be recovered from P’s estate. Early discussion with the lay deputy about costs and documenting consent to the chosen charging method helps to manage expectations and reduce the risk of disputes later on.

Where assessment is appropriate, the Bill of Costs must be properly prepared with detailed time records and clear justifications. This ensures that solicitors are properly paid for the valuable work they do in supporting vulnerable individuals and their families through what is often an unfamiliar and emotionally charged process.

At BHP Law, our specialist Court of Protection costs team can support you in preparing detailed bills for assessment where fixed costs do not reflect the work undertaken.