The Costs Officer will treat the costs of the application for appointing a deputy for property and affairs, as ending on the issue date of the order appointing the deputy (which may be some time after the actual date of the order). The Costs Officer will treat any costs incurred after the issue of that order as general management costs.

If the order provides for fixed costs but a professional deputy elects for assessment, it is not necessary to apply to the Court of Protection for an amended direction. Professional deputies may elect for assessment simply by lodging a bill with the SCCO. The bill should contain a statement stating that fixed costs have not been taken.

If the application is for an assessment of general management costs, the Costs Officer will need to know that the Court has agreed that the professional deputy is to be paid general management costs. When lodging the first year’s general management bill, the deputy should send a copy of the order authorising him or her to be paid professional costs. The SCCO keeps a record so it is not necessary to send a copy of that order in subsequent years. Unless there are any special circumstances, general management costs should be claimed annually, usually after the passing of the annual account.

In all cases where fixed costs are available, professional deputies should confirm when lodging their bill for assessment that they have not taken fixed costs for the work. The simplest way of doing this is to endorse a statement to this effect on the bill.

Excerpt from the Senior Courts Costs Office Guide 2021