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Court of Protection

If a person hasn’t made an LPA and loses the capacity to make decisions, you may need to apply to the Court of Protection for an order appointing someone to make decisions on that person’s behalf. What is the Court of Protection (COP)?

The COP is a special court that makes decisions of behalf of people who can not make decisions for themselves.  It covers a wide range of situations but includes appointing a person or persons to act as a deputy to manage the financial affairs of someone who is unable to manage for themselves.  The costs involved can be charged in three ways.  The Court imposes a fixed fee of £950+VAT.  In my experience most applications can be done within the fixed fee.  If the matter is more complicated and the costs exceed the fixed fee, this can be agreed with the deputy (unless it is a professional Deputy)  If costs cannot be agreed or a Professional deputy is in place the costs will be agreed by the Court.  The Court fee for the application is £400 although is the matter becomes contested there may be further fees.  The monies for the application can be recouped from the person in need of the deputy. If there is a contested matter, the Court may not agree that all parties involved can have their fees paid.

If there’s no one available to act in this role, the court will appoint a deputy from a panel.

You can also apply to the Court of Protection if you believe someone is abusing their powers as an attorney by not acting in the best interests of the donor.

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