Becoming a deputy through the Court of Protection: types and fees

If someone can no longer make decisions for themselves because of illness, dementia or injury, and they did not set up a lasting power of attorney (LPA) in advance, their affairs are handled by a deputy — a person appointed by the Court of Protection. Here is who a deputy is, the two types, what it costs and how to apply.

When do you need a deputy?

A deputy is needed when a person has lost mental capacity and did not make an LPA, or an older enduring power of attorney (EPA), in time. If a valid power of attorney exists, a deputy is usually not needed — so the first step is to check for one. Becoming a deputy is a longer and costlier route than a power of attorney set up in advance, which is why it is best to make the power of attorney early.

What are the two types?

There are two kinds. A property and financial affairs deputy pays bills and manages a pension and money. A personal welfare deputy makes decisions about medical treatment and care; the court appoints one less often — usually where there are disputes about the person's best interests, or where decisions on a particular issue must be made over time.

How much does it cost?

The application fee is £432 for each application; if you apply to be both types of deputy, you pay the fee twice. New deputies pay a one-off assessment fee of £100. If the court decides a hearing is needed, there is a further £266. The annual supervision fee is £320 for general supervision, or £35 for minimal supervision (for property and affairs deputies managing estates worth under £21,000); it is due by 31 March for the previous year.

What else should you know?

Before a property and financial affairs deputy is appointed, a security bond — insurance against mistakes — is usually required; it is not needed if you represent a local authority or the court decides it is unnecessary. Each year a deputy must send a report to the Office of the Public Guardian explaining the decisions they have made. When it reviews the case, the court checks whether a deputy is really needed and whether there are any objections to your appointment.

How to apply

You apply to the Court of Protection, filling in forms about the person, their condition and the decisions that need to be made. The court assesses the situation and, if all is in order, issues an order appointing you. The process usually takes several months, so start it as soon as it is clear the person cannot decide for themselves and there is no power of attorney.