Court of Protection and deputyship: when you need it and how to apply

What is the Court of Protection?

The Court of Protection is the court that makes decisions on financial or welfare matters for people who lack the mental capacity to make those decisions at the time they need to be made. Its work includes deciding whether someone has capacity for a particular decision, appointing deputies, giving permission for one-off decisions and considering applications for statutory wills and gifts, and it also hears objections to the registration of lasting and enduring powers of attorney. The Ministry of Justice's family court statistics record that, of the 10,554 applications made under the Mental Capacity Act 2005 in October to December 2025, 29% related to appointment of a property and affairs deputy.

Its powers come from the Mental Capacity Act 2005. Section 2 of the Act treats a person as lacking capacity if, because of an impairment of or disturbance in the functioning of the mind or brain, they are unable to make a decision for themselves about the matter at the time it has to be made, whether that impairment is permanent or temporary. Capacity is judged one decision at a time, so someone may still manage everyday spending whilst being unable to deal with something more complicated.

When do you need a Court of Protection deputy?

You usually need a deputy when someone has lost capacity to make decisions that will keep coming up, such as paying bills or managing savings, and nobody already has legal authority to make them. GOV.UK's guide to becoming a deputy says a person who already has a lasting power of attorney (LPA) or enduring power of attorney (EPA) usually does not need one, so the first step is to check whether either exists, and the Office of the Public Guardian (OPG) offers a free search of its registers and says it will reply within five working days.

The Code of Practice that sits alongside the Act draws a line between the two kinds of decision. Most personal welfare decisions can be dealt with without going to court, whereas a court order is usually needed to deal with someone's finances unless their only income is state benefits or an LPA or EPA already covers them. Where benefits are all that need managing, GOV.UK points towards becoming an appointee with the DWP rather than a deputy.

What are the two types of deputyship?

There are two types, and you can apply for either or both. A property and financial affairs deputy deals with matters such as paying bills or organising a pension, whilst a personal welfare deputy makes decisions about medical treatment and how the person is cared for, and cannot be appointed for anyone under 16.

In practice the court treats personal welfare deputyship as the exception. The Mental Capacity Act Code of Practice says personal welfare deputies will only be needed in the most difficult cases, and GOV.UK says the court will usually only appoint one in two situations: where it is doubtful that decisions will be taken in the person's best interests, as when the family cannot agree about their care, or where decisions about one particular issue, such as where the person lives, will need to be made over a period of time. Section 16 of the Act also tells the court to prefer making a decision itself over appointing a deputy, and to keep a deputy's powers as limited in scope and duration as is reasonably practicable.

Who can be a deputy?

Anyone aged 18 or over can apply, and section 19 of the Act adds that nobody can be made a deputy without their consent. Deputies are usually close relatives or friends of the person, although GOV.UK says that anyone applying to deal with property and financial affairs needs the skills to make financial decisions for someone else, and some deputies are paid professionals such as solicitors or accountants. Where nobody suitable is available, the court can appoint a panel deputy from its list of approved law firms and charities.

The court can appoint two or more deputies, in which case you have to tell it how decisions will be made. Deputies appointed jointly must all agree on each decision, whereas deputies appointed jointly and severally can decide together or alone.

How do you apply to become a deputy?

Both types of application need form COP4, the deputy's declaration about your own personal and financial circumstances, and a COP3 assessment of capacity, in which you fill in the first part and an appropriate assessor, such as a doctor or a social care professional, completes the assessment itself. A postal application also needs form COP1, the application form. GOV.UK warns that the court may not accept an application without the COP3, so if no assessment is possible you explain why you believe the person lacks capacity in a COP24 witness statement instead.

Property and financial affairs

For property and financial affairs, GOV.UK sets out the steps in a set order. You or your representative first visit the person to explain the application and where they can get advice, leaving them form COP14PADep and the COP5 form they can use to object, and they should complete their part within 14 days. You then tell at least three people who know the person, such as relatives or their doctor, by sending each of them form COP15PADep with a COP5, and once 14 days have passed you can go ahead without their replies. Next you complete COP1A (supporting information about the person's money and property), COP3 and COP4, adding COP1 and COP14PADep if you apply by post rather than online, and you must send everything within three months of telling those people or start again. GOV.UK says these applications usually do not need a hearing, although the court may require a security bond before appointing you, which is a type of insurance that protects the person's finances.

Personal welfare

A personal welfare application uses COP1 with the welfare information form COP1B, and GOV.UK describes a postal application in which the notifying happens after the court has issued it rather than before. You have 14 days from issue to serve the person and at least three named people, and seven days after that to send the court the certificates of notification and service (COP20A and COP20B). The court will not look at the application until 14 days after the others were told, which gives them time to object, and it may then decide to hold a hearing, for example if someone has objected.

How long does deputyship take and what does it cost?

It takes months rather than weeks. A written parliamentary answer from the Ministry of Justice on 1 June 2026 gave an average of 23.9 weeks from receipt to final order for property and affairs deputyship applications in 2025, with a median of 15.6 weeks. There is a court application fee, a hearing fee if the court decides it needs one, and an assessment fee and annual supervision fee paid to the OPG, all of which our guide to what a lasting power of attorney costs sets out alongside the help available with fees.

Can the court make a one-off decision instead of appointing a deputy?

Yes, and where a single decision is all that is needed the Act prefers it. GOV.UK describes applying for a one-off decision where there is a major disagreement about a serious decision that cannot be settled any other way, with a separate urgent route where the person is at immediate risk.

The court can also make a statutory will for someone who cannot make or change a will themselves, which matters because a deputy has no power to do it. GOV.UK's statutory will guidance explains that the applicant sends the proposed will with forms including COP1, COP1C and a COP3 capacity assessment, other people are told about the application, and once approved the will is signed, witnessed and sealed by the court.

What does a deputy have to do once appointed?

A deputy must act within the court order, which sets out what they can and cannot do, and follow the principles in section 1 of the Mental Capacity Act, including helping the person make a decision themselves wherever possible and making any decision for them in their best interests. GOV.UK's guidance on a deputy's responsibilities adds that a property and financial affairs deputy must keep their own money separate from the person's and keep records such as bank statements and receipts, because the transactions have to be recorded in the annual report. A deputy cannot make or change a will for the person, cannot make gifts unless the order allows it, and under section 20 of the Act cannot refuse consent to life-sustaining treatment, which is one reason people record firm views about treatment in advance, as our guide to living wills and advance decisions explains.

Every deputy sends an annual report to the OPG, which says when it is due and accepts it online or on a paper form, and the report explains the decisions made and why they were in the person's best interests. New deputies are on general supervision for their first year, after which a property and financial affairs deputy managing less than £21,000 may move to minimal supervision with a shorter report. The OPG can visit, asks to be told before an important decision such as selling a home so the person can move into a care home, and can ask the court to remove a deputy who falls short of its standards. Our guide to care needs assessments and paying for a care home covers the funding side of that kind of move.

When the deputyship ends

A deputyship lasts until the court order is cancelled or expires. If the person dies, the OPG's practice note on notification of death says the death brings the deputyship to an end, and GOV.UK asks the deputy to tell both the OPG and the Court of Protection; the OPG may ask for a final report, and a security bond stays in force for two years after the death unless a court order cancels it. If the person regains capacity, the deputy applies on form COP9 with evidence such as a doctor's letter.

What happens in Scotland and Northern Ireland?

Neither has deputyship. In Scotland the equivalent orders come from the sheriff court under the Adults with Incapacity (Scotland) Act 2000: an intervention order authorises a one-off action or a specific decision, such as selling a house, whilst a guardianship order covers decisions needed over a longer period, is granted only where no other route under the Act would be enough, and lasts three years unless the sheriff sets another period. The Office of the Public Guardian (Scotland) keeps a register of these orders and supervises people appointed to manage an adult's finances and property.

In Northern Ireland, the High Court can appoint a controller to manage the finances of someone who cannot manage their own affairs once medical evidence confirms the incapacity, and this is handled by the Office of Care and Protection, which requires controllers to take out a security bond and submit accounts, and which may make a short procedure order instead where the assets or income are small.

What to do next

1. Check whether the person made a lasting or enduring power of attorney, because if one covers the decision a deputy is usually unnecessary, and our guide to the different types of power of attorney explains how an older EPA still works.

2. If only benefits need managing, ask the DWP about becoming an appointee before considering a court application.

3. Ask the person's GP or another suitable professional whether they can complete the COP3 capacity assessment, and keep a copy of every form you send.

4. If you are planning ahead for yourself, an LPA made while you have capacity usually means your family would not need this process, and our guide to setting up a lasting power of attorney walks through it; the OPG's own LPA guide warns that the court route can be expensive and will usually take a long time.

A deputyship ends when the person dies, and from then on their executors or administrators have to find and tell every bank, utility, insurer and subscription, which is far easier when the deputy's records or the person's own papers show clearly what they held. If that work does fall to your family, Legacy Trail's free notification service can contact the private-sector companies for them.