Appointment of Deputies
When is a Deputy needed?
A deputyship may be required for a person who lacks mental capacity and who has assets which need to be administered or decisions taken about their personal welfare. Assets may include a property, savings over £6,000 or private income. Lack of mental capacity is most commonly caused by dementia in old age, but can also be caused by illness, accidents and addiction problems.
What is a Deputy?
When there isn’t a Power of Attorney document it may be necessary to make an application to the Office of the Public Guardian or the Court of Protection to appoint a Deputy.
How are they appointed?
Deputies are appointed by the Court of Protection (COP) to manage the property and affairs and/or personal welfare of someone who lacks capacity to make certain decisions for themselves.
How is ‘lack of capacity’ defined?
This means they cannot make a decision for themselves at the time it needs to be made. They may still be able to make decisions for themselves at certain times. People may lack mental capacity because, for example: they’ve had a serious brain injury or illness, they have dementia, or they have severe learning disabilities.
Specialist guidance at a stressful time
Our specialist team will guide you through what is sometimes a very stressful and emotional process to ensure that you understand what is happening and the implications of the decisions you are making at every stage.
The current timescale for dealing with the application is entirely dependent upon the Court of Protection. The courts are currently experiencing delays and the appointment of a deputy will take approximately 12 months from the date that the application is lodged with the Court, unless there are urgent issues that will force an emergency application. The timescale for an urgent application will depend on the nature of the application and this will be discussed with you at the outset of the matter
If we are instructed to appoint a Deputy and/or Deputies our fees will be in the region of £2,500 – £3,000 (plus VAT) to include all work up to and including the date upon which the Court makes an Order appointing the Deputy/Deputies. The price will vary dependent upon how many Deputies are to be appointed and whether there are urgent requirements that will necessitate an emergency application to the Court of Protection. A Court fee of £371 is payable.
If a nominated person from Penderlaw is appointed as a Professional Deputy, fixed costs can apply. We do however reserve the right to request a Detailed Assessment at the Supreme Court Costs Office (SCCO) should the fixed fees be exceeded. We will notify you as soon as we are aware that the costs will exceed fixed costs.
The fixed costs are as follows:
Work up to and including the date upon which the court makes an order appointing a deputy for property and affairs. An amount not exceeding £950 (plus VAT)
Applications under sections 36 (9) or 54 of the Trustee Act 1925 or section 20 of the Trusts of Land and Appointment of Trustees Act 1996 for the appointment of a new trustee in the place of ‘P’ and applications under section 18(1)(j) of the Mental Capacity Act 2005 for authority to exercise any power vested in P, whether beneficially, or as Trustee, or otherwise an amount not exceeding £500 (plus VAT)
Category III –Maximum Amounts Annual management fee where the court appoints a professional deputy for property and affairs, payable on the anniversary of the court order a) For the first year: An amount not exceeding £1,670 (plus VAT) b) For the second and subsequent years: An amount not exceeding £1,320 (plus VAT) c) Where the net assets of P are below £16,000, the professional deputy for property and affairs may take an annual management fee not exceeding 4.5% of P’s net assets on the anniversary of the court order appointing the professional as deputy.
Where the court appoints a professional deputy for health and welfare, the deputy may take an annual management fee not exceeding 2.5% of P’s net assets on the anniversary of the court order appointing the professional as deputy for health and welfare up to a maximum of £555.
Preparation and lodgement of a report or an account to the Public Guardian An amount not exceeding £265 (plus VAT)
Category VI a)
Preparation of a Basic HMRC income tax return (bank or NS&I interest and taxable benefits, discretionary trust or estate income) on behalf of P. An amount not exceeding £250 (plus VAT)
Category VI b)
Preparation of a Complex HMRC income tax return (bank or NS&I interest, multiple investment portfolios, taxable benefits, one or more rental properties) on behalf of P. An amount not exceeding £600 (plus VAT)
In cases where fixed costs are not appropriate, professionals may, if preferred, apply to the SCCO for a detailed assessment of costs. However, this does not apply if P’s net assets are below £16,000 where the option for detailed assessment will only arise if the court makes a specific order for detailed assessment in relation to an estate with net assets of a value of less than £16,000.
Details of pricing, including hourly rates is given on our Pricing page.