What is a Professional Deputy?

A Professional Deputy is an appointed professional, usually a Solicitor, who has been chosen to manage the affairs of someone who is unable to make some or all decisions for themselves due to a lack of mental capacity. A Court of Protection Deputy is usually instructed by the family of the individual who needs a deputy for the Court. Decisions made on behalf of the individual are usually in relation to their health and welfare or their property and affairs.

It is not compulsory to appoint a Professional Deputy; however, it is advisable in certain situations, such as when the individual is set to receive a large sum of money, or where they have substantial assets. A Professional Deputy would be appropriate where the individual does not have anyone else to take on the role, or the Court may appoint a professional if there are disagreements regarding who should take on the role.

Recovering Professional Deputy Costs

The Court of Protection has set fixed costs that a Professional Deputy is entitled to recover. Fixed costs will apply to :

• applications for a deputyship order;
• preparation and lodging of the annual account or annual report;
• annual management services;
• preparation of an HMRC income tax return
• conveyancing fees following the sale or purchase of a property

In some situations, such as where the individual’s assets exceed a specific threshold, or if the Solicitor’s fees exceed the fixed sum, the Solicitor’s professional fees may be assessed by the Court where fixed costs are not enough to cover the rate of fees incurred on the case.

In this situation, the Solicitor should have a formal Bill of Costs prepared and an application made to have their legal costs assessed by the Senior Courts Costs Office. This process will ensure that the full extent of fair and reasonable costs are awarded to the Solicitor.

How can ARC Costs Assist?

The ARC Costs team understand the importance of getting your Bill of Costs and OPG forms right for each General Management period. We are highly experienced Costs Lawyers and Costs Draftsmen, who have a team that specialise in professional deputy costs, including the preparation and submission of Court of Protection Bills of Costs.

We can be contacted via email at info@arccosts.co.uk, or by telephone on 01204 397302. For more information on legal costs, please find out more about our speciality areas of expertise on our legal costs page.

ARC Costs assist in the full spectrum of legal costs work and are able to provide a range of drafting, negotiation, assessment and costs recovery services. To find out more, complete our no-obligation contact form at the top of the page, and one of the team will respond on the same day.

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