The Court of Protection (Amendment) Rules 2006

Amendments to the Court of Protection Rules 2001

6.  For rule 82, substitute—

“(1) Subject to paragraphs (2) and (3), in cases where a receiver has been appointed a winding up fee shall be payable—

(a) on the death of a patient; and

(b) on every subsequent anniversary of that death.

(2) The winding up fee mentioned in paragraph (1)(b) shall be payable until—

(a) the date the court receives the grant of representation from the personal representatives of the patient;

(b) the date the receiver lodges his final account; or

(c) the date the court directs that the final account may be dispensed with as the case may be,

whichever is the later.

(3) Where no grant of representation is required, the winding up fee mentioned in paragraph (1)(b) shall be payable until—

(a) the date the court receives notification from the person who appears to have a prior right to a grant of administration to the estate of the deceased;

(b) the date the receiver lodges his final account; or

(c) the date the court directs that the final account may be dispensed with as the case may be,

whichever is the later.”