Court of Protection

[Lucacielle]

We are in the process of applying for C.O.P for our son (Property & Finance)

We are using a solicitors and the fees are quite high.

Does anyone know who is responsible for paying these fees is it ourselves as parents or our son.

He is an adult and does not have capacity. Presently we are his appointees.

Also , if it is my son who should pay the fees out of his own money, can he show this as disability related expense when he fills in his care assessment at the end of the year.

Any feedback will be greatly appreciated.

[MontyCat]

Hi. I don't know if it is any help, but I made payment to our solicitor from my daughter's account on the basis that this was a service to ensure matters are conducted in her best interests, and therefore a benefit to her. She is an adult who lacks mental capacity. We do not complete a care assessment for her as she is currently living with us, so I don't know whether this would qualify as a disability related expense.

[Lucacielle in reply to MontyCat]

Thank you

[Housebuster]

Your son is responsible for the payment. I would certainly show it as a care related expense to your son.

[Lucacielle in reply to Housebuster]

Thank you very much.

[SpeedyH]

Hi there. If your son has low income with low savings, there are no Court fees to be paid. Your solicitor should apply for remission of fees on his behalf. The income/capital they take into account is your son's not yours. If he doesn't receive the cited benefits, (eg perhaps you claim child benefit for him so he doesnt receive Universal Credit in his own name) your solicitor can write a letter asking for remission and outlining the circumstances.

You will probably have to pay a 'bond' to a bondsman. This is like an insurance policy to protect your son from the deputies absconding with his money. The amount is based on how much money your son has and is a one-off payment, perhaps £100 or so. There is then annual Court fees to be paid but again, if your son is low income/savings he does not have to pay these. If your solicitor is asking for extra fees, you could phone the Office for the Public Guardian helpline to ask them to explain/check these are correct. They are very helpful.

It is your son who should pay all these costs, including the solicitor and therefore they are DRE as a non-disabled person doesn't have to pay them and it is in his best interests. As you know DRE is discretionary though so your LA can decide, but you can appeal and they must give their reasons for refusing. I have a vague memory that you can claim as DRE things that you have bought/paid for on behalf of your son but perhaps ask the Mencap helpline or citizens advice about that. I would try claiming the solicitors fees as DRE as well.

[Lucacielle in reply to SpeedyH]

Many thanks for this very helpful information.

I will look into this.

Many thanks

[AMPJAP]

the reply above about remission of the court fees is correct there is also exceptions of all the fees if you son is receiving ESA income based or UC and has less than £12000 income the GOV website has all the rules.as you are instructed solicitor you have pay all there fees but remind then that the fees for there application for you son to the court of protection should be exempt