Costs in the Court of Protection

The general rule in cases relating to property and financial affairs is that the costs of any proceedings will be met by the person lacking mental capacity.

This is very different to court applications relating to a person’s health and welfare. The general rule in these cases is that each party must bear their own costs.

The Court of Protection can depart from these rules if the circumstances justify it. For example, if one party was considered to have acted unreasonably in a property and financial affairs application then they could be ordered to pay the costs in relation to it.

In many cases there are both elements of financial affairs and welfare. In such cases the Court of Protection will generally apportion the costs between the two issues as appropriate.

When acting as a property and affairs deputy, a lay person is limited to the recovery of reasonable out-of-pocket expenses. If a professional deputy is appointed then they will be entitled to either fixed costs or for their costs to be assessed by the Court. This is very different for health and welfare deputies who are not usually able to recover the costs incurred in acting as a deputy.

The rules about costs in the Court of Protection may change and up to date advice should always be sought.

If you would like to discuss any of this further please do not hesitate to contact us.