The short answer
- A solicitor is not requiredThe Court of Protection's forms are built to be completed without one. Whether to pay for help depends on how straightforward the case is.
- The court publishes its own guideline fee£1204 plus VAT for the work up to the court's order, with most firms quoting £1,200 to £3,500 plus VAT.
- A hearing or a dispute moves it onto an hourly rateThat is charged separately from the fixed fee, on top of it, once the case needs more than routine paperwork.
- Often paid back from your parent's own moneyOnce you are appointed as a property and affairs deputy, the court usually lets you repay yourself from the money you are now managing for them.
Figures are the Court of Protection's own guideline costs (Practice Direction 19B) and market rates from published solicitor pricing pages, checked September 2026. PrimeCarers does not handle deputyship applications or give legal advice; a solicitor or the Court of Protection can confirm what applies to your situation.
Solicitor or DIY
Whether you need a solicitor to apply at all
The Court of Protection does not require a solicitor to complete a deputyship application, and the forms are written to be filled in without one. Most families still weigh up whether to pay for help, and the answer usually depends on how straightforward the case is.
The core paperwork is the same whoever fills it in: the application form (COP1, or COP1A and COP1B for a property and affairs deputyship), the capacity assessment (COP3), and the deputy's own declaration (COP4). Every current Court of Protection form, and the guidance for completing them, is on gov.uk, and the application can be started online. Filling it in yourself costs nothing beyond the court's own fees, and plenty of families do it that way, particularly for a personal welfare deputyship, which tends to involve less paperwork than one covering property and money.
Where families lean toward a solicitor is usually the property and affairs side: a house that may need selling, more than one bank account or investment, or a family that does not fully agree on who should be deputy. A solicitor cannot make a contested case simple, but they know what the court expects to see, and a form returned for correction costs more time than getting it right the first time.
Signs a solicitor is worth paying for
- A family member disagrees about who should be deputy, or is likely to object
- The estate includes a property, a business, or more than one account or investment
- A previous application was returned by the court for correction
- You are applying to be both a property and affairs deputy and a personal welfare deputy at once
- You would rather pay for the reassurance than spend evenings on the forms yourself
Signs you can likely manage without one
- A single, straightforward property and affairs case with no dispute
- A modest amount of savings and no property to manage
- Everyone the court requires you to notify already agrees you should be deputy
- You have time to read the gov.uk guidance carefully and work through the forms
If your parent still understands what they are agreeing to, it is worth checking whether a lasting power of attorney is possible before any of this: it costs far less to register than a deputyship costs to apply for, and needs no solicitor or court at all. Gov.uk explains how to set up and register an LPA, and our guide to every fee in a deputyship application compares the two costs side by side, along with the rest of the process from application to the order arriving.
What solicitors charge
What solicitors charge for a deputyship application
Solicitors do not set this fee freely. The Court of Protection publishes its own guideline costs for exactly this piece of work, under a practice direction that most firms price close to.
Practice Direction 19B sets a fixed cost of £1204 plus VAT for a solicitor's work up to and including the date the court makes its order appointing a property and affairs deputy. That figure is the baseline the court itself expects, so it is a fair number to compare any quote against. In practice, firms price around it depending on how much work the case involves: a simple, uncontested application often sits close to the guideline figure, while one with a property to account for, or paperwork spread across several institutions, is quoted higher within the usual market range.
Most applications: a fixed fee
One agreed price for the work up to the court's order.
£1204+
plus VAT. That is the Court of Protection's own guideline cost for this work; firms typically quote £1,200 to £3,500 plus VAT depending on how straightforward the case is.
- Preparing and filing the COP1 application and supporting statements
- Arranging the paperwork for the COP3 capacity assessment
- Completing the deputy's declaration, form COP4
- Notifying the people the court requires you to tell
- Answering the court's routine questions while it reviews the papers
Complex or contested cases: an hourly rate
Charged by the hour once a case needs more than the fixed fee covers.
£139–£282
an hour plus VAT, depending on who does the work: a paralegal or trainee at the lower end, a solicitor with several years of Court of Protection experience at the top.
- A family member objects, or the court lists a hearing
- A dispute over who should be deputy, or what they should be able to do
- A query or investigation raised by the Office of the Public Guardian
- A large or complicated estate needing extra evidence
- Managing the deputyship in later years, once you are appointed
The switch from a fixed fee to an hourly rate is not usually something a solicitor decides alone partway through. A firm that quotes a fixed fee upfront should also say, in writing, what would move the case onto hourly billing, so there are no surprises if a family member objects or the court lists a hearing. A personal welfare deputyship, which has no money to manage and less paperwork around it, is often quoted lower than a property and affairs one.
Choosing a solicitor
How to compare firms before you commit
If you decide a solicitor is worth paying for, a short conversation before you sign anything saves both money and time later.
- 1
Ask for the fee in writing before you start
Step 1Get a written quote that says whether it is fixed or capped, what work it covers, and what would move it onto an hourly rate. A firm that will not put its fee in writing is worth asking about twice. - 2
Take the free first call most firms offer
Step 2Many solicitors who handle Court of Protection work offer a short initial call at no charge, to hear the situation and say whether it needs their help before you commit to a fee. - 3
Check they handle this kind of case regularly
Step 3A firm that files a deputyship application every month is more likely to get the forms right the first time than one that takes on the work occasionally alongside wills and probate. - 4
Ask what happens if the court returns the form
Step 4A rejected application costs time either way, so ask upfront whether correcting and re-filing it is covered by the fee you have agreed, or charged again. - 5
Confirm who pays, and when
Step 5For a property and affairs deputyship, reimbursement usually happens after the order arrives, so the fee is often paid from your own money first. Agree with the solicitor whether they will wait to be reimbursed or want paying upfront.
If a family disagreement is what is driving the need for a solicitor, Am I legally responsible for my elderly parent? is worth reading alongside this, since it covers what family members are and are not obliged to do, separately from who becomes deputy.
Other costs, and help paying
The fees that sit alongside the solicitor's bill
A solicitor's fee is only part of what a deputyship application costs. The court, the doctor completing the capacity assessment, and the Office of the Public Guardian each charge separately, and there are ways to bring some of it down.
The capacity assessment
Reimbursement, for a property and affairs deputyship
None of this replaces the everyday care your parent may need while the legal side gets sorted. You can search vetted carers near them or use the care cost calculator to see what help in their area typically costs, while a solicitor or the court deals with the deputyship separately.
Questions
Questions families ask about solicitors' fees for a deputyship
No. The Court of Protection's forms are designed to be completed without one, and you can start the application online through gov.uk. Many families still use a solicitor, particularly for a property and affairs application with a house or investments to manage, because a form the court returns for correction costs more time than getting it right the first time.
The Court of Protection's own guideline fixed cost for the work up to the appointment order is £1204 plus VAT, and most firms quote in the range of £1,200 to £3,500 plus VAT depending on how straightforward the case is. A contested case, or one needing a hearing, moves onto an hourly rate of roughly £139 to £282 plus VAT.
Most firms quote a fixed fee for a straightforward property and affairs application. It can move onto an hourly rate if the case turns out to need more, most often because a hearing is listed, a family member objects, or the Office of the Public Guardian raises a query. A written quote should say upfront what would trigger the change.
For a property and affairs deputyship, yes, once you are appointed. The court's order usually lets you repay yourself the solicitor's fee, the £432 application fee and the £100 assessment fee from the money you are now managing on your parent's behalf. A personal welfare deputyship has no money to draw on this way, so the cost falls to you.
Preparing and filing the application form, arranging the capacity assessment paperwork, completing the deputy's declaration, notifying the people the court requires, and answering the court's routine questions while it reviews the papers. A hearing, a family dispute, or ongoing management of the deputyship in later years is not included and is charged separately.
Ask for the fee in writing, including what would move it onto an hourly rate, and ask how often the firm handles this kind of application. Many offer a short first call at no charge, which is worth taking before you commit to anyone. Am I legally responsible for my elderly parent? covers the wider legal picture if you are still working out what you are responsible for.
You can complete and file the application yourself using the free guidance on gov.uk, at no cost beyond the court's own fees. If you would still like some legal help but paying privately is difficult, Citizens Advice can point you toward law centres and pro bono schemes, and the court fee and annual supervision fee both have separate reduction schemes for lower incomes.
