As part of the role of the professional Deputy, it may be appropriate to buy or sell a property on behalf of the Protected Party.
It is outlined within Practice Direction B (13) of the Court of Protection Rules 2007 that where the Deputy is selling or purchasing a property on behalf of the Protected Party, fixed fees could be taken as follows:
The Deputy can recover a percentage of 0.15% of the value of the sale or purchase of the property; with a minimum sum of £350.00 and a maximum sum of £1,500.00 (plus VAT and disbursements). This would not apply where the sale or purchase is by Trustees as the costs should be agreed with the Trustees.
However, if the incurred conveyancing costs exceed the maximum sum of £1,500.00, and fixed fees are not appropriate, the Deputy’s costs can be assessed by the SCCO within a bill of costs. We believe that the most appropriate way to approach this is to include a separate part to the general management bill of costs, to highlight the fees incurred in a costs proportion manner. This would reduce Court fees, and save costs for the Protected Party, whilst also allowing the conveyancer to be paid for their work.
If you take fixed fees for conveyancing costs, this must be declared within the Deputyship Report for the subsequent management year.
If you have any queries, please do not hesitate to contact Georgia Clarke or the team at COPCosts@clarionsolicitors.com