If you would like us to deal with your court application and require further guidance on Court of Protection fees then call our free legal helpline or send us an email.
The Court of Protection usually charges a court fee of £365 for each application it deals with.
However, the full fee is not always payable. The court fee can reduced by 50% or even removed entirely.
Full exemption from Court of Protection fees
Court of Protection fees will be fully exempt if the person to whom the application relates is in receipt of certain welfare benefits. It is important to remember that it is the person who has lost capacity that must be receiving the qualifying benefits, not their attorney.
The qualifying state benefits are:
- Income-based Jobseeker’s Allowance
- Income-related Employment and Support Allowance
- Income support
- Universal Credit – with gross annual earnings of less than £6,000
- State Pension – Guarantee Credit
- Scottish Civil Legal Aid
Remission of Court of Protection fees
A person may be entitled to a 50% remission of Court of Protection fees depending on their age and disposable capital or income.
Disposable capital is usually made up of the following, though this is not an exhaustive list:
| All capital held in any type of saving accounts:(ISAs, fixed rate bonds, market linked investment bonds or savings, any other form of savings account) |
| Any type of redundancy capital payment received |
| Stocks or shares |
| Any jointly held capital (where one or more parties have a financial interest in a disposable capital source) |
| Second homes |
| Trust funds (where accessible), or any other fund available to you |
The capital threshold limit depends on age and the court fee. For most people, the capital threshold limits are set at:
- Under 61 – disposable capital threshold -£3,000
- Over 61 – disposable capital threshold -£16,000
If an applicant under 61 has less than £3,000 in savings, they will likely be able to get help with the court fees, as long as they receive qualifying welfare benefits and are on a low income.
If the applicant is aged 61 or over and holds £16,000 or less in savings, they may be able to get help with the court fee.
A person may be entitled to a remission of the fees if their monthly income is below a certain level. Income is money receive from any source and can include wages, rental income, and the sale of goods; publicly or privately, including over the internet.
If you would like to appoint us to make a Court of Protection application and require further guidance on fees then please do not hesitate to call our legal helpline or send us an email.
