All persons who need to take control of a loved ones’ welfare and finances because they have lost mental capacity will be able to make an application to start court proceedings at a reduced fee from 22nd July, according to a statutory instrument laid before parliament last week.
Amendments have been made to the Court of Protection Fees Order 2007 so that from this month those family members or friends who need to take control of a loved one’s affairs and make an application to the court, due to them not able to make decisions for themselves, only have to pay £365 instead of £385.
In order for a person to take charge of someone’s affairs, they will need to apply to the Court of Protection (CoP).
The CoP has jurisdiction over the property, financial assets and personal welfare of those people who lack the mental capacity to make decisions for themselves. They establish whether the person has capacity; appoint deputies; give people permission to make one-off decisions on behalf of someone who lacks capacity and handle any emergency applications.
Other changes to fees which are payable to the Court of Protection by the person making the application or appeal are the Appeal Fee (when filing an appellant’s notice appealing a court decision or seeking permission to appeal a court decision) which is set to £230 and a Hearing Fee (where the court has held a hearing to decide the application and has made a final order, declaration or decision.) is set to £485.
A reduction in fees will most certainly be welcomed by those people who care for someone who no longer has the ability to look after themselves or make decisions about their own well-being and finances.
One Response
Applicants “only have to pay £365 instead of £385”. And the use of the word ‘only’ – tsk tsk. Whilst any reduction is a good thing I think a reduction of £20 is hardly a cause for celebration!