Court of Protection and Deputyship

Protect your loved ones interest’s with expert legal guidance

Our Solicitors specialise in Court of Protection, ensuring the rights and well-being of vulnerable adults are safeguarded.

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Court of Protection FAQs

Any court proceedings will have legal fees. The amount will depend on the type of court proceedings taking place. For example, applying to be a court Deputy involves paying a £408 application fee and a £100 assessment fee.

In some circumstances, applicants can be excused from paying fees and get a fee exemption. This is awarded on a means-tested basis. In very limited cases the applicant may be eligible for legal aid in order to pay for a solicitor to act for them in the Court of Protection, equally this depends on their income and ownership of property.

A security bond, or ‘surety bond’ is insurance that all Deputies need to take out to protect the assets of the person whose finances they are managing. It does not protect the Deputy from being accused of negligence or mismanagement of the finances they are responsible for.

The court will set the value of this bond based on the value of the assets being looked-after by the Deputy and can change this value at any time as the value of the assets change.

It is in place so that any losses to the value of the person’s assets can be reinstated quickly.

Court of Protection Deputies are often close friends or relatives of the person they would like to make decisions for, or professionals such as solicitors or accountants. Either way the individual must be over the age of 18 and be able to prove that they have the skills to manage finances effectively.

If the person with a Deputy managing their affairs dies, any Court of Protection application or Order will end. However the Deputy will need to contact the Court of Protection notifying them of the person’s death with evidence such as a death certificate before they are discharged from their duties. The Deputy may need to provide a final report, including accounts.

The security bond will remain in force for 2 years after the death of the individual who has a Deputy unless there is a court order cancelling it.

There is a £408 application fee to become a deputy and a £100 assessment fee. Once someone has been accepted, there is an annual supervision fee depending on what level of supervision the Deputyship requires. For example, it is £320 for general supervision, £35 for minimal supervision – this applies to some property and affairs Deputies managing less than £21,000.

Both Deputyship and Powers of Attorney authorise someone to make decisions for and act on behalf of someone else.

Powers of Attorney can be given to a friend or relative by an individual in preparation for when they may lose mental capacity whereas Deputyship comes into play as an ‘emergency’ measure when an individual has already lost mental capacity and does not have anyone in place already to make decisions for them.

Deputies’ powers are more limited than those individuals with Powers of Attorney.

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Sylvia Garcia, delt with the selling of my mums flat. It turned into a marathon, due to the buyers solicitors being incompetent and the buyer stalling for time. Sylvia was very much on my side but it was an emotional time for me. Sylvia was very professional with emails and always got back to me when l left a message. As an older person l would have liked to engage with someone face to face and didn’t realise Sylvia was working remotely. But, we got there in the end. And l thank her for her time and patience.


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Great service

I found Terry Campbell-Barnard to be very knowledgeable and to have a very practical approach with a great attention to detail. His work was also undertaken in a very timely manner. I can therefore very much recommend him.


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Helpful conveyancing team

Thanks to Sylvia Garcia and her team I successfully completed my flat purchase. As a first time buyer, she simplified the conveyance process and was very patient, polite and understanding, helping me resolve a tricky situation and getting the transaction over the line.


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11 Jun 2025

Smooth and efficient operations working…

Smooth and efficient operations working with Emma Gillespie and Megan Harding


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10 Jun 2025

Excellent solicitor at Eric Robinson in…

Excellent solicitor at Eric Robinson in Chandlers Ford. Honest and professional person who answered my questions and completed the task efficiently.


Abdul Shahid
30 Jun 2025

Flat buying process

I used Eric Robinson Solicitors to help purchase my first home and Chantelle couldn’t have been more helpful with the process, she constantly gave me updates and was very helpful with any inquiries I had, would definitely recommend them if you’re buying a home.


Dom
26 Jun 2025

Sylvia Garcia

Sylvia Garcia, delt with the selling of my mums flat. It turned into a marathon, due to the buyers solicitors being incompetent and the buyer stalling for time. Sylvia was very much on my side but it was an emotional time for me. Sylvia was very professional with emails and always got back to me when l left a message. As an older person l would have liked to engage with someone face to face and didn’t realise Sylvia was working remotely. But, we got there in the end. And l thank her for her time and patience.


Marcia Taylor
18 Jun 2025

Great service

I found Terry Campbell-Barnard to be very knowledgeable and to have a very practical approach with a great attention to detail. His work was also undertaken in a very timely manner. I can therefore very much recommend him.


Nigel Fox
16 Jun 2025

Helpful conveyancing team

Thanks to Sylvia Garcia and her team I successfully completed my flat purchase. As a first time buyer, she simplified the conveyance process and was very patient, polite and understanding, helping me resolve a tricky situation and getting the transaction over the line.


Carol Hughes
11 Jun 2025

Smooth and efficient operations working…

Smooth and efficient operations working with Emma Gillespie and Megan Harding


Andrew Sacree
10 Jun 2025

Excellent solicitor at Eric Robinson in…

Excellent solicitor at Eric Robinson in Chandlers Ford. Honest and professional person who answered my questions and completed the task efficiently.


Abdul Shahid
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