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Thursday, 3 September 2009

Making an application to the Court of Protection

If you know or care for someone who is having difficulties making decisions about their personal health, finance or welfare, you may need to apply to the Court of Protection so that you (or someone else) can make decisions for them.

What you should do before applying

Before you you apply to the Court of Protection, you should follow the link below and read ‘About the Court of Protection’ to make sure that you know everything you need to. It explains what the Court does and how it comes to decisions.

Making your application to the Court

If you have read the details in ‘About the Court of Protection’ and need to make an application to the Court, the first stage of the process is to work out whether you need permission from the Court to make the application. In general:

  • you will not usually need permission to apply to the Court if the application relates to property and affairs - however, there are some cases involving the appointment and removal of trustees, and a small number of applications relating to wills and gifts, where you may need the Court’s permission
  • you will need permission if the application relates to personal welfare

If you are unsure whether you need permission in your particular case, you can contact the Court for advice. Follow the link below for contact details.

Forms and guidance for making your application

The forms you will need to fill in for your application depend on your own particular situation. There are ten different application packs, so you should choose the correct one from the list below, then follow the link at the end to download the pack. If you don’t know whether you need permission to apply, you should can contact the Court for advice by following the link above to their contact details.

Application pack 1 - for applications relating to property and affairs only when you do not need permission to apply

Application pack 2 - for applications relating to property and affairs only and you need permission to apply

Application pack 3 - for applications relating to personal welfare only and you do not need permission to apply

Application pack 4 - for applications relating to personal welfare only and you need permission to apply

Application pack 5 - for applications relating to property and affairs and personal welfare and you do not need permission to apply

Application pack 6 - for applications relating to property and affairs and personal welfare and you need permission to apply

Application pack 7 - for applications relating to the registration of an Enduring Power of Attorney (to object to registration or apply for registration following a suspension)

Application pack 8 - for applications relating to an objection (on prescribed grounds) to the registration of a Lasting Power of Attorney

Application pack 9 - for applications asking for a reconsideration of a Court decision

Application pack 10 - for applications relating to an appeal against a decision of the Court

Court of Protection fees

Applications and hearings that are related to objections to the registrations of Enduring Power of Attorney or Lasting Power of Attorney are not charged for, and nor are some appeals. If you are unsure whether your appeal will be charged for, you should call the Court of Protection on the following number for advice: 0845 330 2900. Telephone lines are open from Monday to Friday, 9.00 am to 5.00 pm, except Wednesday, when they are open from 10.00 am to 5.00 pm.

Application fee - £400.00 - payable on making an application to start Court proceedings, or on making an application for permission to start proceedings

Appeal fee - £400.00 - payable on filing an appellant's notice appealing a Court decision or seeking permission to appeal a Court decision

Hearing fee - £500.00 - payable where the Court has held a hearing to decide the application and has made the final order, declaration or decision

Copy of document fee - £5.00 - if you require additional copies of an order

Copy of certified document fee - £0 - there is no longer a fee for copies of certified documents

All cheques for payment of Court fees should be made payable to The Court of Protection. If you would like to make a payment by credit or debit card over the phone, you should call 020 7664 7100 and ask to speak to the Credit Control Team.

Some people, who are on a low income or receive benefits, may be exempt from fees, or only have to pay part of them. If you think this might apply to you, follow the link below to read about fee exemptions and remissions.

Responsibility for paying the fees

The application and appeal fees are payable by the person making the application or appeal – however, the Court may decide that the applicant can recover the fee from the person it is about, or from someone else.

The hearing fee is payable by the person making the application – but the court may decide the applicant can get the money back from the person the application is about, or from someone else. If the hearing relates to an appeal, it is payable by the person making the appeal.

Copy of document fees are payable by whoever is requesting the copies.

The service you can expect from the Court

The Court has a Charter that sets out the standard of service anyone who uses it can expect. It covers the administration of the Court's services, rather than any decision that the Court comes to. To read the Charter, follow the link below.

If you want to complain about the service you have received from staff, follow the second link below for details on how to do this and the form to fill in.

Additional links

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