Court of Protection Deputyship Costs 2026: The Full Fee Breakdown
Becoming a deputy for someone who lacks mental capacity typically costs several hundred pounds in application and annual supervision fees, plus solicitor costs if you use one. Here is the full 2026 cost breakdown.
Why deputyship exists — and why it's the fallback option
If someone loses mental capacity — through a stroke, dementia, brain injury, or another sudden or progressive condition — and has not previously set up a Lasting Power of Attorney (LPA), their family cannot simply step in and manage their finances or welfare decisions automatically. Instead, someone must apply to the Court of Protection to be appointed as a deputy, a more expensive, slower, and more closely supervised process than an LPA would have been.
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| Cost item | Who pays | Notes |
|---|---|---|
| Court application fee | Protected person's funds | Fixed fee, check current gov.uk rate |
| Solicitor fees for the application | Protected person's funds (usually) | Often the largest single cost; varies with complexity |
| Annual supervision fee | Protected person's funds | Ongoing, varies by supervision level |
| Security bond (property/financial deputies) | Protected person's funds | Ongoing annual cost, scaled to asset value managed |
| Hearing fees (if contested) | Protected person's funds (usually) | Only if the application is disputed |
Worked example 1: straightforward single-deputy application
Marcus applies to become deputy for his mother, who has advanced dementia and modest savings of £40,000, no property.
| Item | Approx. cost |
|---|---|
| Court application fee | Fixed fee (check current rate) |
| Solicitor assistance with application | £800-£1,500 |
| Annual supervision fee (lower band, simpler case) | Modest annual fee |
| Security bond (based on £40,000 assets) | Modest annual premium |
Because Marcus's mother has assets, all these costs are paid from her funds, not from Marcus's own pocket.
Worked example 2: complex case with a property and disputed family views
The Osei family need a property and financial affairs deputyship for their father, who owns his home (£320,000) and has other family members who disagree about who should be appointed.
| Item | Approx. cost |
|---|---|
| Court application fee | Fixed fee |
| Solicitor fees (more complex, contested case) | £2,000-£5,000+ |
| Hearing fee (if a hearing is required) | Additional fee |
| Security bond (higher, based on £320,000+ estate) | Higher annual premium than a modest-asset case |
| Annual supervision fee | Higher band, given asset value and complexity |
The larger estate value and family disagreement both push costs up significantly compared with the straightforward example above.
Worked example 3: the LPA comparison — what could have been avoided
If the father in Example 2 had set up a property and financial affairs LPA while he still had capacity:
| Route | Approx. total setup cost | Ongoing annual costs |
|---|---|---|
| LPA (set up in advance) | Registration fee (fee remission may apply for lower income) + optional solicitor fee | None |
| Deputyship (after capacity lost) | £2,000-£5,000+ in this example | Annual supervision fee + bond premium, indefinitely |
This comparison is the central argument for setting up an LPA proactively — deputyship exists precisely because an LPA was not in place, and it is materially more expensive and slower as a result.
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A property and financial affairs deputy manages money, bills, and financial decisions within the scope the court order sets out, and must file annual accounts with the Office of the Public Guardian showing how the protected person's money has been managed. A health and welfare deputy (rarer) makes decisions about care and treatment. Deputies act under a legal duty to make decisions in the protected person's best interests, under the framework of the Mental Capacity Act 2005.
If someone you care for still has capacity, setting up an LPA now is almost always the cheaper, faster, and simpler route compared with the family having to apply for deputyship later.
Frequently asked questions
What is a Court of Protection deputy and when is one needed?
A deputy is a person (often a family member) appointed by the Court of Protection to make decisions on behalf of someone who lacks the mental capacity to make those decisions themselves, and who does not already have a valid Lasting Power of Attorney in place. Deputyship is typically needed when someone loses capacity suddenly (through an accident or sudden illness) without having previously set up an LPA, since an LPA cannot be created after capacity is lost.
How much does it cost to apply to become a deputy?
The court application fee for a deputyship order is a fixed fee (check the current figure on gov.uk, as court fees are periodically reviewed), payable per application. If the application is contested or requires a hearing, additional costs can apply. Many applicants also pay a solicitor to help prepare the application, which is usually the largest single cost, often running into several hundred to a few thousand pounds depending on complexity.
What is the annual supervision fee and why is it charged?
Once appointed, deputies pay an annual supervision fee to the Office of the Public Guardian, which oversees deputies to ensure they are acting properly in the protected person's best interests. The fee varies by supervision level — higher for more complex or higher-value estates requiring closer monitoring, lower for simpler cases — and is charged from the funds of the person lacking capacity, not from the deputy's own pocket.
What is a deputyship bond and do I need one?
For property and financial affairs deputyships, the court usually requires the deputy to take out a security bond (a form of insurance) protecting the protected person's estate against financial loss caused by the deputy's actions. The bond cost is based on the value of assets the deputy will be managing, and is an ongoing annual cost paid from the protected person's funds.
Are deputyship costs paid by the deputy or by the person who lacks capacity?
Almost all deputyship-related costs — the court application fee, the annual supervision fee, the security bond, and solicitor fees for setting up the deputyship — are paid from the funds and assets of the person who lacks capacity, not from the deputy's own money, provided that person has sufficient assets. A deputy does not personally fund the administration of someone else's affairs.
How is a property and financial affairs deputy different from a health and welfare deputy?
A property and financial affairs deputy manages money, bills, property, and financial decisions on behalf of the protected person. A health and welfare deputy makes decisions about medical treatment, care arrangements, and daily welfare. Health and welfare deputyships are granted far less often than property and financial affairs deputyships, since courts generally prefer such decisions to be made collaboratively by family and medical professionals under the Mental Capacity Act's best-interests framework, without needing a formally appointed deputy.
How much cheaper is a Lasting Power of Attorney compared to deputyship?
Significantly cheaper and simpler, which is why setting up an LPA while someone still has capacity is almost always recommended over relying on deputyship as a fallback. An LPA has a one-off registration fee (with possible fee remission for lower income), no ongoing annual supervision fee, and no requirement for a security bond, whereas deputyship involves the court application fee, annual supervision fees, and often bond costs, every year, for as long as the deputyship continues.
How long does it take to become a deputy?
The process commonly takes several months from application to the court issuing a deputyship order, and can take longer for contested or complex cases (for example, where family members disagree about who should be appointed). This delay is one of the strongest practical arguments for setting up an LPA in advance, since an LPA can be used immediately once registered, without needing court involvement at the point capacity is actually lost.
Can more than one person be appointed as joint deputies?
Yes, the court can appoint two or more people to act as joint deputies (all must agree on every decision) or jointly and severally (any one of them can act alone), depending on family circumstances and what the court considers appropriate — though joint deputies can create practical friction if family members disagree, which is worth considering carefully before applying together.
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