COP44A FORM – How can you get help with Court of Protection fees?

When an application is made to become a Professional or Lay Deputy, a fee is payable to the Court of Protection (CoP). There can also be additional fees if the CoP directs that there should be a hearing, or there is an appeal of the CoP’s decision. The CoP fees were slightly reduced a few years ago and since 22 July 2019 the following fees have applied:

• Application fee – £365: payable on making an application to start court proceedings or on making an application for permission to start proceedings.
• Appeal fee – £230: payable on filing an appellant’s notice appealing a court decision or seeking permission to appeal a court decision.
• Hearing fee – £485: payable where the court has held a hearing to decide the application and has made a final order, declaration or decision.
• Copy of document fee – £5: payable on requesting a copy of a document filed during court proceedings.

The fees are payable by the person making the application or appeal. In Property and Affairs cases depending on nature of application the fee can be recovered from the Protected Party the application is about (“P”).

You can apply for help with Court of Protection fees depending on the applicant (in health and welfare cases only) or P’s financial circumstances.  The application form that needs completing is the ‘COP44A – Apply for help with Court of Protection fees’ and is available from the Court of Protection, or online here.

The guidance within the form explains what tests the CoP apply in determining eligible for a Court fee exemption or reduction and is summarised below.

If the applicant or P are in receipt of the benefits listed below, and have no more than £16,000 of savings then it is likely that they will be eligible for an exemption or reduction:

• Income-based Jobseeker’s Allowance (JSA);
• Income-related Employment and Support Allowance (ESA);
• Income Support;
• Universal Credit (and they’re earning less than £6,000 a year);
• Pension credit (guarantee credit).

As a Professional Deputy, or when advising Lay Deputies, it is our duty once appointed to maximise P’s funds and seek any reductions from the outset of the Deputyship application. It takes time to investigate P’s finances to see if P is eligible for a reduction and complete the form to successfully apply for a reduction which can result in savings of over £1,000 if separate applications need to be made, or a hearing is necessary.

*Disclaimer: The information on the Anthony Gold website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. It is provided without any representations or warranties, express or implied.*