Court of Protection

What the Court of Protection Does

The Court of Protection:

• Makes decisions about the financial and welfare affairs of people who lack mental capacity
• Appoints deputies to make ongoing decisions for people who lack capacity (where no LPA exists)
• Considers applications relating to Lasting Powers of Attorney (e.g., challenges to an LPA or an attorney's decisions)
• Makes one-off decisions in serious or disputed cases
• Oversees the Deprivation of Liberty Safeguards process in certain settings

When Is the Court of Protection Needed?

The most common reason families contact the Court of Protection is when a relative has lost capacity — often through dementia, stroke or brain injury — and there is no LPA in place. Without legal authority, banks will freeze accounts and major financial decisions cannot be made.

Other situations include:

• A dispute between family members about a person's care or finances
• Concerns that an attorney under an LPA is not acting in the person's best interests
• A healthcare decision where professionals and family disagree about what is in the person's best interests
• Removing an unsuitable deputy or attorney

What Is a Deputy?

A deputy is a person appointed by the Court to make ongoing decisions for someone who lacks capacity. There are two types:

How to Apply for Deputyship

Applying for deputyship involves:

1. 1

   Obtain the Forms

   Download the application forms from GOV.UK (search "apply to be someone's deputy"). You will need forms COP1 (application), COP3 (capacity assessment by a doctor or similar), COP4 (deputy's declaration), and an information pack form.

2. 2

   Get a Capacity Assessment

   A doctor or other qualified professional must complete form COP3 to confirm the person lacks capacity for the relevant decisions.

3. 3

   Submit to the Court

   Send the completed forms to the Court of Protection with the application fee (currently £385 for most applications). Notify the person being protected and other relevant parties.

4. 4

   Wait for a Decision

   The Court reviews the application and may request further information or a hearing. In straightforward cases, decisions can take 6–9 months. Contested or complex cases take significantly longer.

5. 5

   Ongoing Obligations

   Once appointed, a financial deputy must submit annual accounts to the Office of the Public Guardian, pay an annual supervision fee, and take out a surety bond (insurance against financial mismanagement).

Cost

Deputyship is significantly more expensive than an LPA:

• Court application fee: £385
• Solicitor fees (if used): typically £2,000–£5,000+ for the application
• Annual OPG supervision fee: £320/year (general supervision)
• Annual surety bond premium: varies by value of estate
• Ongoing solicitor fees if the estate is complex

Using a Solicitor

Court of Protection applications are legally complex. Using a solicitor is strongly recommended, particularly where:

• The estate includes property
• There are family disputes or concerns about the person's welfare
• The application may be contested

You can find solicitors who specialise in Court of Protection work through the Law Society's Find a Solicitor tool.