LPA

Deputy Applications

Need a Lasting Power of Attorney (LPA), but the person has lost capacity? Don’t worry, you can apply to become their Deputy. It is similar to an LPA, but the Court of Protection makes the appointment on behalf of the ‘donor’ (who would otherwise have been able to make an LPA appointment had they still been of ‘sound mind’).

Applying to become a Deputy is a formal application to the Court, and therefore much more in depth than an LPA would be.

How much does a Deputy Application cost?

QLAW charges are £1,500 (+VAT) to deal with a Deputy Application for you (as the applying Deputy). This includes our professional fees for dealing with the application, and lodging it with the Court of Protection on your behalf. Any court fees due at the time of application are paid by you as a disbursement and are not included in our fixed fee of £1,500 (+VAT)

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FAQs

A Deputy is a person appointed by the Court of Protection to look after someone’s affairs who has already lost capacity (and cannot therefore execute an LPA)

Yes. But, because the donor has lost capacity, the Court of Protection has to make the appointment (of the Deputy) as the donor no longer has mental capacity to appoint a Power of Attorney (LPA)

Like an LPA, there are two types of Deputy appointments:-

  • Property & Affairs; and
  • Health & Welfare

The forms to be filled in to become a Deputy are:-

  • COP1 – application form
  • COP3 – assessment of capacity
  • COP4 – Deputy declaration
  • COP18 – supporting information

As with an LPA, a Deputy must be over 18 and of sound mind. To be a Property & Affairs Deputy, you must demonstrate to the Court of Protection that you are able and willing to deal with the persons finances.

The Court of Protection can also appoint a professional to act as Deputy. This might be a solicitor, accountant, or member of a local authority.

These are approved organisations such as solicitors practices where nobody else is available (eg family, friend, or known professionals).

If there is more than one Deputy, they must be appointed either:-

  • JOINTLY – meaning has to be done together
  • JOINT & SEVERAL – meaning they can act together OR independently

There is often no need for an actual court hearing (unless things are unsual). The fees are:-

  • £371 – application fee
  • £494 – Court Hearing fee (if one is needed)
  • £100 – new Deputy fee (not payable if the Deputy is registered as a Deputy for someone else

There are also annual fees payable:-

  • £320 – general supervision
  • £35 – minimal supervision (where assets are less than £21,000)

Yes. A Deputy must report to the Court of Protection each year in a specified format (hence the annual fees payable).

Yes – there is a simple process to be followed allowing a Deputy to resign. A Deputy must however ensure that the application to stop acting has been granting before they stop their duties as a Deputy.

LPA Prices

Finance LPA

£350inc VAT
  •   Draft all forms
  •   Certificate Provider
  •   Submit to court
Find out more

Health LPA

£350inc VAT
  •   Draft all forms
  •   Certificate Provider
  •   Submit to court
Find out more

Certificate Provider

£125inc VAT
  •   DIY LPA
  •   Certificate Provider only
Find out more

Deputy Application

£1,850inc VAT
  •   Application to the court of protection for the appointment of a Deputy
Find out more

Attorney Services

TBA
  •   Professional Attorneys
Find out more

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Contact

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03300 020 853

ept@QLAW.co.uk

(Estate Planning Team)

Skinner House, 38-40 Bell Street,
Reigate, RH2 7BA

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