Court of Protection
If your loved one or cared-for doesn't have either a lasting power of attorney or an enduring power of attorney and can no longer make decisions for themselves, then it is necessary to seek authority from the Court of Protection so that decisions can be made on their behalf by a deputy.
There are two types of deputy:
Property and financial affairs deputy
The deputy will organise the finances and property of the person.
Personal welfare deputy
The deputy will make decisions about medical treatment and how someone is looked after.
Making an application for deputyship is time consuming and technical. The majority of cases are heard by a High Court Judge and require a detailed application to the court. The court will assess the deputy and consider any objections.
We highly recommend the application is made by a solicitor qualified and experienced in Court of Protection and mental health work. Court of Protection applications are currently made by Carys, who is experienced in this field. Carys is excellent at dealing with elderly clients and persons lacking capacity. Carys is fluent in Welsh.
How much will it cost?
Carreg Law’s fees
If the application proceeds without the need for a hearing at the Court of Protection, our fees will be fixed at £2,250 plus VAT.
If a hearing is held, additional fees at the rate of £200 per hour plus VAT will apply. If the services of a barrister for the hearing would be a more cost effective for you, we will recommend this.
Disbursements
There is a £365 application fee for each type of deputy.
If the court decides your case needs a hearing, there is an additional £485 fee.
Contact Carys for further information
Call us on 01558 678 009
Email us at hello@carreglaw.co.uk
Find out more
Find out more about Carys on the meet the team page.