Price: £950.00 plus VAT
Fees will be payable on producing the documents for you to sign. If you decide to withdraw instructions part way through the work we are undertaking for you, a proportionate part of the fee will be payable. This will be limited to the amount of the deposit that we will ask for up front.
What is included in the price:
- Making an application to the Court of Protection to be a Deputy for either property and financial affairs or personal welfare
What is excluded from the price:
- Appointing trustees (sometimes needed if a property has to be sold)
- Challenging decisions of the Court of Protection for example, if they are not willing to approve the application
- Tax advice
- Advice on benefits
- Legal advice outside of the service requested
£385 court fee for the application*
£500 court fee but only if a full hearing is needed – this would be payable on top of the initial application fee
There are ongoing annual fees that you need to pay to the Court of Protection for supervising your appointment as a Deputy and these can range between £35 and £320 and depend on the type of Deputy you are and the amount of money that is held by the donor
There is a £100 assessment fee payable to the Court of Protection in your first year as a Deputy
There is often a bond that needs to be paid if you are applying to be a property and affairs Deputy
For a mental capacity assessment that is often needed for the application, a medical professional may make a charge for undertaking such an assessment. The amount will depend on your location and the reason for lack of capacity as a specialist may need to make the assessment.
*People on low incomes or on certain benefits may qualify for reductions or a complete waiver of this cost.
Disbursements are payable before we incur the cost.
How long will it take?
We will need to complete the required forms to make the application to apply to become a deputy. We will let you know what information we need to complete the forms for you and this process should take a week.
There are a number of formalities that need to be complied with and this will depend on your circumstances.
We will need to get an assessment of the person you are applying to become the deputy of to confirm that they no longer have mental capacity. This can take some time to arrange.
We may also need to notify certain people that you intend to make the application.
Depending on the formalities required, the process can often take up to 4 months before you may be appointed as a Deputy, if the Court are happy to do this. In some circumstances, the Court may decide they need more information in considering the application and a further hearing may be needed which can extend this time.
What should I expect?
- A questionnaire will be sent via email or in the post.
- An appointment will be made, which is convenient for you. This can be in person or over the phone.
- The documents will be prepared and sent to you to approve.
- You will need to arrange for a capacity assessment of the person who needs a deputy appointing
- Once all forms are signed, we will notify any relevant people of the intention to make the application
- The application will be made and we will notify you of the outcome as soon as the court have made their decision.
Why choose Attwells Solicitors to make the application?
We can take you through the lengthy forms with ease and explain each section to you and provide advice specific to your circumstances, how the application needs to be made and if any further appointments are necessary depending on what needs to be done such as selling a property.
What are disbursements?
Disbursements are additional costs out of our control. These are set by external third parties such as government bodies or courts.
When do I pay?
Attwells Solicitors will ask you for a deposit, which will go towards your legal fees and any disbursements that may need to be incurred. The balance of the fees and disbursements will be payable before the application is made.
Do you require a deposit?
Yes, we require 50% of our fee
How to instruct Attwells Solicitors?
Instructing us is simple. You can either click on the instruct button below to register your interest or you can call your local office. We have offices in Ipswich, Colchester and London. When instructing us please inform us of the office you would like to use.