Q&As

Is there any guidance as to what professional fees may be charged by a solicitor acting on behalf of a lay deputy in relation to obtaining a court order?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 25/02/2019

The following Private Client Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Is there any guidance as to what professional fees may be charged by a solicitor acting on behalf of a lay deputy in relation to obtaining a court order?

Practice Direction 19B (PD 19B) of the Court of Protection Rules 2017, SI 2017/1035, deals with fixed costs that can be claimed by solicitors acting in the Court of Protection. For example, work up to and including the date the court makes an order appointing a property and affairs deputy is capped at £950. The usual rule is that the estate of P will pay the relevant costs. If P’s estate is worth more than £16,000 the professional can ask for their fees to be assessed. Although PD 19B applies to professional deputies rather than to a solicitor advising a lay deputy, it still provides a useful indication of the level of fees considered appropriate.

The Office of the Public Guardian has published guidance on professional deputy cos

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