The Court of Protection Rules 2017 provide that if you are involved in a dispute over the finances of a protected party, then normally the Court will allow you to recover your legal costs from the protected party’s resources.
However, this is subject to assessment, which is a formal process by which the Senior Court Costs Office reviews all your legal costs and decides whether they are all fair and recoverable. Typically, the rate of recovery is 60% to 75%.
In cases concerning the protected party’s health and welfare, all parties are usually expected to bear their own legal costs.
The Court does have a discretion however and any party who has been seen to have created unnecessary costs can be denied recovery. Alternatively, if another party has acted unreasonably they may be ordered to pay the costs of the others.