Costs in the Court of Protection

An Applicant in the Court of Protection proceedings is likely to incur the following costs (all costs as at February 2025):

• Court fee of £408 which is payable on making the application.
  
• If you are a new Deputy you may also need to pay £100 assessment fee.
  
• There is occasionally a Hearing fee of £494 if there is a Hearing to decide the application.
  
• If it is necessary to appeal a decision then this fee is £234.
  
• Legal fees, if applicable. Ellis Jones will usually accept that our costs will be paid once an Order has been granted by the Court and access has been obtained to assets. However, the proposed Deputy, will be responsible for payment of our fees unless and until a Court Order has been granted.

Once appointed, a Deputy may be able to recover expenses associated with the application, such as the Court fees or legal fees, however this is subject to the Court’s approval. We therefore strongly recommend that an Applicant contacts us for independent legal advice to discuss the costs prior to the application being submitted.

We can also advise the Court appointed Deputy on what expenses they can recover whilst they are acting to ensure that they are not in breach of their duties.

The initial Deputyship Court application fee is payable by the Applicant. In some cases, a Court fee remission /exemption may be applied for.

Other fees associated with the Court application, such as a capacity assessment fee, are usually payable in advance by the Applicant who may be able to recover them once the Order has been granted.

Ellis Jones will usually accept that our legal costs can be paid once a Court Order has been granted.

The Court of Protection deals with both personal welfare and financial affairs of people who have not already made a valid Power of Attorney and who are unable to make decisions for themselves due to a lack of mental capacity.