Families seeking
legal help for relatives who lack mental
capacity may face uncertainty
over whether legal aid will
cover Court of Protection
proceedings, as funding
depends on the type of case
and the rules governing
eligibility. Disputes over
care, medical treatment,
finances and restrictions on
a person’s freedom can bring
families into contact with
the court, but the costs and
funding arrangements are not
always straightforward. A
review of published
government guidance and law
firm information highlights
the distinctions between
legal aid eligibility,
court of Protection solicitor remuneration rates and court
fees – three separate factors
that can affect access to
legal representation.
Who can receive legal aid?
The Court of Protection makes decisions on behalf of people who lack the mental capacity to make particular decisions themselves. Cases may involve where someone lives, the care they receive, medical treatment or restrictions on their freedom.
Legal aid is available for certain types of proceedings, but it does not automatically cover every Court of Protection application. Challenges under section 21A of the Mental Capacity Act 2005, concerning deprivation of liberty authorisations, qualify for non-means-tested legal aid for the person concerned. Other health and welfare proceedings may require assessments of financial eligibility and the merits of the case. Property and financial affairs cases are subject to different funding arrangements.
The type of case can therefore be as important as a person’s income when determining whether public funding is available. Applicants should check the rules for their specific circumstances before assuming that legal aid will cover their case.
What do legal aid rates cover?
The term “legal aid rates” generally refers to the payments made to solicitors and other legal professionals for publicly funded work. The Legal Aid Agency operates under specific remuneration rules, which may provide for fixed fees or hourly rates depending on the type of work and the applicable scheme.
These payments are different from the private fees a solicitor may charge a client. They should also not be confused with guideline hourly rates used when assessing certain legal costs. There is no single hourly figure that applies to all Court of Protection cases.
For someone seeking legal assistance, the key questions are whether their case qualifies for public funding, what work the funding covers and whether any contributions or other costs may apply. These details should be confirmed with a solicitor before proceedings begin.
Court fees are a separate consideration
Court fees are distinct from payments made to legal representatives. According to HM Courts & Tribunals Service, the standard fee for starting Court of Protection proceedings is £432, while the fee for filing an appeal is £272. A hearing fee of £266 may also apply when the court holds a hearing and makes a final order, declaration or decision. These fees were updated in July 2026.
People on low incomes or receiving certain benefits may be able to apply for help with court fees, depending on their circumstances. Where a solicitor is acting under legal aid, separate arrangements apply to the payment and recovery of court fees.
The distinction matters because court fees do not represent the full cost of legal representation. The amount a person may need to pay depends on their funding arrangements and the type of proceedings involved.
Law firms working in the Court of Protection sector
Several firms in England and Wales publish information about Court of Protection proceedings, mental capacity and legal aid. These include Welford Solicitors, Irwin Mitchell, Duncan Lewis Solicitors, Bindmans and Simpson Millar. Their published services cover different aspects of this area of law, and the availability of legal aid depends on the case and each firm’s current arrangements.
- Welford Solicitors publishes information on legal aid for Court of Protection cases and health and welfare proceedings. Its service information covers matters involving medical treatment, care arrangements and deprivation of liberty, as well as eligibility for public funding.
- Irwin Mitchell publishes information on Court of Protection applications concerning welfare and financial decisions. Its services include deputyship matters, disputes over care and residence, and cases where decisions need to be made on behalf of someone who lacks mental capacity.
- Duncan Lewis Solicitors publishes information on Court of Protection proceedings involving health, welfare, property and financial affairs. Its services include mental capacity matters, deputyship applications and disputes affecting the care or financial arrangements of vulnerable people.
- Bindmans provides information on contentious and non-contentious Court of Protection cases involving health, welfare, medical treatment, property and financial affairs. Its published services also cover deputyship, deprivation of liberty challenges and disputes about decisions affecting a person’s rights.
- Simpson Millar publishes information on Court of Protection services and issues involving mental capacity and decision-making. Its public-facing material includes guidance on dementia and decision-making, alongside information for people seeking advice about legal matters affecting vulnerable individuals.
These descriptions reflect the firms’ published information and are not a ranking or recommendation. A firm’s involvement in Court of Protection work does not necessarily mean it accepts every type of case under legal aid. Applicants should confirm directly whether a firm handles their particular proceedings and can offer representation under the relevant funding scheme.
What should applicants check before instructing a solicitor?
People seeking representation should establish whether their case falls within a legal aid category, whether a financial assessment is required and what the funding will cover. They should also ask whether the solicitor currently accepts legally aided Court of Protection cases of that type.
Where a matter is urgent, such as a dispute involving a person’s care, medical treatment or liberty, applicants should explain the urgency when seeking advice. The appropriate legal route will depend on the facts and the decision that needs to be made.
Legal aid can provide access to representation in qualifying cases, but the rules are specific. Understanding the funding criteria, remuneration arrangements and separate court fees can help families make informed decisions about the next steps.
