Q&As

Where a deputyship application is complex and the professional fees of the deputy’s solicitor exceed the fixed costs set out in the Court of Protection Practice Direction 19B, can the deputy agree to settle the bill out of P’s funds or is it necessary to apply for a detailed assessment of costs?

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Published on LexisPSL on 06/10/2017

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • Where a deputyship application is complex and the professional fees of the deputy’s solicitor exceed the fixed costs set out in the Court of Protection Practice Direction 19B, can the deputy agree to settle the bill out of P’s funds or is it necessary to apply for a detailed assessment of costs?

We refer you to our Practice Note: Costs and expenses in the Court of Protection (see section Professional fees), which explains that where an application is straightforward, a professional deputy may claim ‘fixed costs’, as set out in Court of Protection Practice Direction 19B. The relevant ‘fixed cost’ for the work up to and including the date upon which the court makes an order appointing a deputy for property and affairs, is £950 plus VAT.

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