Costs and expenses in the Court of Protection
Costs and expenses in the Court of Protection

The following Private Client guidance note provides comprehensive and up to date legal information covering:

  • Costs and expenses in the Court of Protection
  • Application fees
  • Medical certificate fees
  • Security bond
  • OPG fees
  • Expenses
  • Professional fees
  • Guideline rates
  • Exemptions and remissions

There are court fees and disbursements which will be payable by all applicants on making a new application to the court. In addition, fees are payable to the supervisory body, the Office of the Public Guardian (OPG). Where a professional is appointed to act as deputy, they will be entitled to charge for their work carried out on behalf of the protected person (P). Both professional and lay deputies are entitled to recover reasonable expenses.

When the proceedings relate to P’s property and financial affairs, the general rule is that these fees will be payable from P’s estate.

Application fees

Subject to eligibility for a fee exemption or remission as outlined below, an application fee of £365 is payable on a new application to the court and on an application for permission.

A separate fee of £485 will also be payable if the court directs a hearing prior to the making of an order.

An application fee is not payable in the following circumstances:

  1. where an application is made within proceedings by way of a form COP9

  2. where an application fee has already been paid for permission to apply and this permission has been granted

  3. where an application is made under either rules 9.7 or 9.8 of the Court of Protection Rules 2017 (COPR 2017) in respect of an objection to the registration