Deputies: make decisions for someone who lacks capacity
Fees
You must pay:
- a fee to apply to be a deputy
- a supervision fee every year after you’ve been appointed
You may also have to pay to set up a ‘security bond’ before you can be appointed as a property and affairs deputy.
When you apply
You must pay a £408 application fee.
If you’re submitting your forms by post, include a cheque payable to ‘HM Courts and Tribunals Service’.
If you’re submitting your forms online, you can pay with a debit or credit card.
You need to pay the application fee twice if you’re applying to become both types of deputy.
You’ll also need to pay £494 if the court decides your case needs a hearing. The court will tell you when you need to pay this.
Security bonds for property and affairs deputies
You may have to pay to set up a ‘security bond’ before you can be appointed as a property and affairs deputy. This is a type of insurance that protects the finances of the person you’re a deputy for.
You do not have to set up a bond if either:
- you’re representing a local authority
- the court decides it’s not necessary, for example if the person’s estate has a low value
If you need to set one up, you’ll get a letter from the court telling you this. The letter will explain what to do next.
You set up the bond with a security bond provider. The amount you pay depends on:
- the value of the estate of the person you’re a deputy for
- how much of their estate you control
You can pay it either:
- using the person’s money
- yourself - you can get the money back from the person’s estate once you have access to it
You may be prosecuted if you misuse the person’s money.
After you’ve been appointed
You must pay an annual supervision fee depending on what level of supervision your deputyship needs. You’ll pay:
- £320 for general supervision
- £35 for minimal supervision - this applies to some property and affairs deputies managing less than £21,000
Your annual supervision fee is due on 31 March for the previous year.
You’ll also need to pay a £100 assessment fee if you’re a new deputy.
The Office of the Public Guardian will tell you how and when to pay your assessment and supervision fees.
You may be able to claim a refund of your fees in certain situations.
Getting help with your application fee
You may not have to pay an application fee depending on:
- what type of deputy you’re applying to be
- how much money you or the person you’re applying to be deputy for has
| Type of deputy | Whose finances will be assessed |
|---|---|
| Property and financial affairs | Theirs |
| Personal welfare | Yours |
The guidance has information about getting help with your fees.
You can claim back the fee from the funds of the person you want to be a deputy for if you’re applying to be a property and affairs deputy.
The fee will be refunded if the person dies within 5 days of the Court of Protection receiving the application.
Getting help with your supervision fees
You can apply for an exemption or reduction of the fee if the person you’re a deputy for gets certain benefits or has an income below £12,000. Read the guidance that comes with the form and apply if the person meets the requirements. The address is on the form.
If the person you’re deputy for dies, you pay the supervision fee for the part of the year when you acted as deputy. For example, you’ll have to pay £17.50 if your minimal supervision deputyship comes to an end after 6 months.