Island Life Magazine Ltd April/May 2013 | Page 140

Legal issues with Terence Willey & Company

The Court of Protection
- and the cost involved!
The Court of Protection (COP) is a
specialist Court for all issues relating
to people that lack capacity to make
decisions.
We never know in life whether we
might have an accident that might
cause incapacity or develop a mental
illness later on in life such as dementia
and get to the stage when we cannot
make our own decisions or manage our
own property and affairs.
If you do nothing and do become
mentally or incapacitated in any way,
then it will be down to a relative, or
quite possibly the Local Authority,
to apply to the COP to obtain the
authority to act on your behalf. This
is known as a Deputyship Order and
granted by the Court.
Quite apart from the time it takes for
the COP to approve the appointment;
the fact is that this maybe someone
you wouldn’t have chosen yourself!
The cost of the application and
moreover the ongoing costs payable by
you should convince you to avoid the
COP route. The costs of making the
application are set by the court and
are:
• Legal fees for making the
application £850 plus vat.
• COP Application Fee £400.
• COP Assessment of Deputy fee
£100.
• COP Supervision fee £320
(payable annually).
• Insurance Bond Premium (Set by
the COP based on the complexity
and size of the persons estate)
payable annually and often well in
excess of £200 per annum.
So as can be noted from the above it is
not an inexpensive process and it is the
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ongoing fees that are payable, that are
probably of the most concern.
The best advice, to avoid the above,
is to prepare a Lasting Power of
Attorney making clear your wishes
as to who you would want to look
after your affairs should you become
mentally or incapacitated in any
way that would prevent you from
conducting your own affairs.
If you don’t and you leave it to
chance, then you could find your
estate subject to the costs of the above
and leave your family with the stress of
dealing with the COP route. It is far
better to prepare for such eventuality
and avoid the stress and anxieties that
can occur.
If you would like to discuss any
concerns or requirements you may
have, we shall be very pleased to advise
and assist you in relation to the setting
up and registration of a Lasting Power

of Attorney or making an application
to the COP.
As a practice we specifically specialise
in this area of work and deal regularly
with the Court of Protection and the
office of the Public Guardian. It would
be our pleasure to discuss this with
you and in the first instance without
obligation.
Contact: Mark Willey, Solicitor.
Tel: [phone].

Terence Willey & Company,
Lawyers and Commissioners for
Oaths (incorporating Malcolm
Daniells & Company and The
Bembridge Law Practice)
Terence Willey