Deputies: make decisions for someone who lacks capacity
Fees
You must pay:
- a fee to apply to be a deputy
- a supervision fee every year after you鈥檝e been appointed
You may also have to pay to set up a 鈥榮ecurity bond鈥� before you can be appointed as a property and affairs deputy.
When you apply
You must pay a 拢408 application fee.
If you鈥檙e submitting your forms by post, include a cheque payable to 鈥楬M Courts and Tribunals Service鈥�.
If you鈥檙e submitting your forms online, you can pay with a debit or credit card.
You need to pay the application fee twice if you鈥檙e applying to become both types of deputy.
You鈥檒l also need to pay 拢494 if the court decides your case needs a hearing. The court will tell you when you need to pay this.
Security bonds for property and affairs deputies
You may have to pay to set up a 鈥榮ecurity bond鈥� before you can be appointed as a property and affairs deputy. This is a type of insurance that protects the finances of the person you鈥檙e a deputy for.
You do not have to set up a bond if either:
- you鈥檙e representing a local authority
- the court decides it鈥檚 not necessary, for example if the person鈥檚 estate has a low value
If you need to set one up, you鈥檒l get a letter from the court telling you this. The letter will explain what to do next.
You set up the bond with a security bond provider. The amount you pay depends on:
- the value of the estate of the person you鈥檙e a deputy for
- how much of their estate you control
You can pay it either:
- using the person鈥檚 money
- yourself - you can get the money back from the person鈥檚 estate once you have access to it
You may be prosecuted if you misuse the person鈥檚 money.
After you鈥檝e been appointed
You must pay an annual supervision fee depending on what level of supervision your deputyship needs. You鈥檒l pay:
- 拢320 for general supervision
- 拢35 for minimal supervision - this applies to some property and affairs deputies managing less than 拢21,000
Your annual supervision fee is due on 31 March for the previous year.
You鈥檒l also need to pay a 拢100 assessment fee if you鈥檙e a new deputy.
The Office of the Public Guardian will tell you how and when to pay your assessment and supervision fees.
You may be able to claim a refund of your fees in certain situations.
Getting help with your application fee
You may not have to pay an application fee depending on:
- what type of deputy you鈥檙e applying to be
- how much money you or the person you鈥檙e applying to be deputy for has
Type of deputy | Whose finances will be assessed |
---|---|
Property and financial affairs | Theirs |
Personal welfare | Yours |
The guidance has information about getting help with your fees.
You can claim back the fee from the funds of the person you want to be a deputy for if you鈥檙e applying to be a property and affairs deputy.
The fee will be refunded if the person dies within 5 days of the Court of Protection receiving the application.
Getting help with your supervision fees
You can apply for an exemption or reduction of the fee if the person you鈥檙e a deputy for gets certain benefits or has an income below 拢12,000. Read the guidance that comes with the form and apply if the person meets the requirements. The address is on the form.
If the person you鈥檙e deputy for dies, you pay the supervision fee for the part of the year when you acted as deputy. For example, you鈥檒l have to pay 拢17.50 if your minimal supervision deputyship comes to an end after 6 months.