A Deputy is a person or organisation who has been appointed by the Court of Protection (COP) to manage the affairs of someone who lacks the mental capacity to do so themselves.
Although the Deputy is usually a friend or a relative, in some cases the person may not have close family members, or there may not be anyone suitable to undertake this role. If this is case, the City of York Council (CYC) can apply to the Court of Protection to become the Deputy, and manage the individuals’ finances on their behalf. This includes:
- managing their income
- payment of bills and care fees
- overseeing any investments or debts.
We will apply for a Property and Affairs deputyship which enables us to manage bank accounts, investments, and properties on behalf of the client. This does not allow us to make decisions about care needs or where a person should live.
All decisions we make must be in accordance with the Mental Capacity Act 2005.
City of York Council will apply for appointeeship of state benefits through the DWP, where a customer has no other means of income and does not have savings in a bank account. Appointeeship only allows the council to receive and manage benefits in that persons best interest.
The council is allowed to charge set fees for administering the property and affairs of clients under the Court of Protection. The council also charges to cover day to day administration charges for the provision of banking services, and the management of appointeeship cases.
Court of Protection Deputyship fees
| Organisation | Fee type | Amount | Reduction or exemption available? |
|---|---|---|---|
| HMCTS | Application fee | £371 | Yes - dependant on circumstances |
| CYC under Practice Direction | Work up to and including the date on which the Court make an order appointing a Property & Affairs Deputy | Not exceeding £745 | Yes - dependant on circumstances |
| CYC under Practice Direction | First year annual management fee | Not exceeding £775 | Yes - if capital is less than £16,000 then 3.5% of P's assets held on the anniversary of the court order |
| CYC under Practice Direction | Second and subsequent year annual management fees | Not exceeding £650 | Yes - if capital is less than £16,000 then 3.5% of P's assets held on the anniversary of the court order |
| CYC under Practice Direction | Annual report fee | £216 | No |
| CYC under Practice Direction | Annual property management fee | Not exceeding £300 | No |
| CYC under Practice Direction | Prepare basic HMRC income tax return | Not exceeding £70 | No |
| CYC under Practice Direction | Prepare complex HMRC income tax return | Not exceeding £140 | No |
| CYC under Practice Direction | Fixed rate per hour travel costs | £40 | No |
| OPG | Assessment of deputy fee | £100 | Yes - dependant on circumstances |
| OPG | Annual supervision fee |
For assets over £21,000, the fee is £320 For assets less than £21,000, the fee is £35 |
Yes - dependant on circumstances |
Administration fees
| Organisation | Fee type | Amount | Reduction or exemption available? |
|---|---|---|---|
| CYC | Appointeeship charge | £6.25 per week | Yes - dependant on circumstances |
| CYC | Estates in excess of £1000 administration charge | £386.14 | No |
| CYC | Estates less than £1000 administration charge | 1% of estate value | No |
| CYC | Provision of bank account | £1 per month | No |
| CYC | Faster payment | £1 per transaction | No |
| CYC | Same day or next day payment | £0.30 per transaction | No |
| CYC | CHAPS payment | £16 per transaction | No |
| PFS | Prepaid card fee | At cost | No |
Also see
Adult Social Care Community Team
Telephone: 01904 555111, Textphone: 07534 437804
Adult Social Care Emergency Duty Team
Contact the Emergency Duty Team for assistance.