Different rules apply in the Court of Protection depending on whether the application concerns property and financial affairs or health and welfare issues.
In cases relating to property and financial affairs, the costs of proceedings will usually be met by the person lacking mental capacity. In cases relating to a person’s health and welfare, the general rule is that each party must bear their own costs. This means that you will generally be responsible for your own legal fees.
However, the Court of Protection does have the power to depart from these rules, should this be justified in the circumstances. For example, if one party has acted unreasonably in making an application, failed to co-operate with the other parties or failed to comply with a rule or Court Order. We can advise you as to the merits of making a costs application or where there is a risk of a cost application being made against you.