Explanatory Notes

Mental Capacity Act 2005

2005 CHAPTER 9

7 April 2005

Commentary on Sections

Part 2: the Court of Protection and the Public Guardian

Fees and costs

Section 55: Costs

141.This section concerns the costs of Court of Protection proceedings and will be supplemented by Court of Protection Rules. Subject to such rules, the court will have discretion to make costs orders, including wasted costs orders, against legal or other representatives. It seeks to put the new court in the same position as the other civil courts.