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  • How to apply to become a Controller

    Topics:
    • Courts and Tribunals, 
    • The Office of Care and Protection - Patients Section

    Here you will find all application forms that must be submitted to become a Controller.

    The Controller Application

    The Controller Application document sets out your personal details, details of the Patient’s next of kin and details of those who will provide you with a character reference. It must also set out information on the Patient’s assets and it is extremely important that you include a comprehensive list of all bank accounts, savings, investments and property owned by the Patient. It is equally important that you are very specific in your proposals of how these will be managed. Medical certificate

    Medical Certificate

    The Medical Certificate is required to confirm the Patient’s incapacity and must be completed by a Doctor. You must send a medical certificate to OCP along with your other application papers, if one has not previously been supplied to the Office by a Doctor.

    Notice of Application

    The Notice of Application is to be completed and served personally on the Patient by someone other than the proposed Controller

    Certificate of Service

    The Certificate of Service is to be completed by the person who served the Notice of Application and it must be returned to the Office as proof of Service

    All of the documents must be fully completed, signed and dated to enable prompt processing of your application. Incomplete applications or those with insufficient information will be returned to you.

    Forms and guidance for applying for a Controller

    A checklist, completer guide and blank copies of all required forms are included in the publication list.

    Please note that you may personally complete the controllership application form or you may wish to employ a legal professional such as a solicitor to assist you.

    If you are employing a solicitor please indicate this on the front page of the application and include the solicitor’s name and address.

    • View the documents and check list

    Information for existing Controllers

    Handbook for Controllers appointed under the Mental Health (Northern Ireland) Order 1986.

    • Handbook for Controllers

    Fees of the Office of Care and Protection

    Fees of the Office of Care and Protection (Patients Section)
    Enduring Powers of Attorney – application for search of register£31
    Registration of Enduring Powers of Attorney£180
    Enduring Powers of Attorney – application pursuant to court direction£310
    Enduring Power of Attorney account fee£232
    Referral of patient to OCP including issue of enabling certificate and Master’s direction by certificate£117

    Master’s subsequent direction by certificate where no controller order or short procedure order issued

    £117

    Commencement Fee (Patient’s Affairs)

    1) first application for the appointment of a controller except where it appears that the patient’s clear annual income is less than £1000

    £310

    2) In addition to (1), commencement pursuant to a request by a personal application£0
    Issue of a controller ad interim order or a short procedure order£117

    Transaction Fee

    1) On any order made by the court in the exercise of powers conferred by–

    Article 99 (1) – b), c), d), h), k) of the Mental Health (Northern Ireland) Order 1986
    Article 102 of the Order
    section 35 (9) of the Trustee Act (Northern Ireland) 1958
    section 57(3) of the Trustee Act (Northern Ireland) 1958

    £124 or in a special case ¼% of the pecuniary consideration as defined in Note 3 of the Fees Order if greater than £124

    2) On making by the court of any order or authority under Article 99(1)(e) of the Order

    £310

    On appointment of a controller£180
    a) Administrative Fee per annum where funds are operated out of court£388
    b) Administrative Fee per annum where funds are held by Court Funds Office.£543
    Control Fees –
    On passing an account where an Officer of the Court (including Official Solicitor) is appointed
    £775
    Application to appoint a new controller£310
    Winding-up fee on the death of a patient£426

    Related content

    • Accessing a Child Trust Fund for a young person lacking capacity
    • Information about the Office of Care and Protection
    • Information on Enduring Powers of Attorney (EPA)
    • Solicitor costs in relation to Uncontentious Patient work
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