The Court of Protection is considering giving judges more power to make family members cover the legal costs in disputes over an incapacitated person’s property, affairs or care.
Under current rules the costs for these disputes are normally paid out of the incapacitated person’s estate, although in some circumstances judges can depart from this rule
In Court of Protection cases the costs of anyone involved in a financial affairs application are normally paid by the person who lacks capacity. This can mean that they become responsible for significant costs.The Court is going to consider changing this system so that other people involved in a case may have to pay their own costs.If the proposal goes ahead it could reduce the burden of litigation costs which currently fall on the vulnerable person at the heart of the case.
