Applying to Become a Deputy at the Court of Protection

You need a deputyship application when:

• The person has lost mental capacity to make a particular decision themselves.
• There is no Lasting Power of Attorney (LPA) or Enduring Power of Attorney (EPA) in place for that type of decision.
• There is an ongoing need for decisions — usually about finances, but sometimes welfare.
• The decision is too complex or sustained for a one-off Court of Protection order under section 15 MCA 2005.

Common triggers:

• Dementia diagnosed without prior LPA — the family cannot access bank accounts to pay bills.
• Acquired brain injury or stroke — sudden incapacity in a working-age adult.
• Severe and ongoing mental illness affecting decision-making.
• Learning disability with no other authority in place at age 18 transition.
• P has died — no, deputyships end at death; the estate is administered through probate.

Property & Affairs deputy (s.16 MCA 2005):

• Most common type. Court grants regularly where capacity has been lost.
• Can manage bank accounts, pay bills, deal with benefits (with DWP appointee role transferred), sign tax returns, manage investments, pay for care.
• Cannot sell P's house without separate court approval (one-off application).
• Cannot make gifts without court approval (small gifts allowed under deputy authority; larger ones need a separate application).

Personal Welfare deputy:

• Rare. Court only grants where there is a specific ongoing welfare decision that cannot be handled through case-by-case best interests decision-making.
• Can decide on care arrangements, medical treatment (limited — most treatment decisions made under MCA s.5 by the clinician).
• Cannot consent to a deprivation of liberty (separate DoLS or Court of Protection authorisation).

For most families, the Property & Affairs deputyship is what they need. Welfare deputyship is unusual.

Forms required:

• COP1 — Application to the Court of Protection.
• COP1A — Annex setting out P's details, the decision needed, and proposed deputy.
• COP3 — Assessment of capacity, completed by a doctor, psychiatrist, social worker, or other qualified person.
• COP4 — Deputy's declaration about themselves (DBS, financial standing, willingness).
• COP24 — Witness statement supporting the application.
• COP2 — Permission application (if needed; usually not for property & affairs deputyship).

Process:

1. Complete forms and pay £408 application fee.
2. Send to Court of Protection. Solicitor can act on your behalf (typical cost £1,500-£4,000 for a straightforward case).
3. Court considers and either: makes the order; lists for hearing; or requires further evidence.
4. Notice to P and other relevant family members — they have 14 days to object or comment.
5. If no objections, order made within 4-6 months. Contested cases can take 12+ months.
6. You receive the deputyship order. You then register with the Office of the Public Guardian.

Once appointed, you are supervised by the Office of the Public Guardian. Supervision includes:

• Annual report — Form OPG102 (lay deputy) or OPG104 (professional deputy). Sets out income, expenditure, assets and liabilities, major decisions made. Filed at the OPG.
• Security bond — an insurance policy protecting P against deputy misappropriation. Cost: £100-£300 per year, depending on the value of assets. Paid by P.
• Supervision fee — annual fee paid to OPG. Typical: £320 per year. Paid by P.
• OPG visits — random or in response to concerns. Visits assess whether decisions are in P's best interests.
• Complaint procedure — anyone (P, family member, professional) can complain to OPG about deputy conduct.

Failure to comply with supervision: OPG can apply to Court of Protection for removal of the deputy. Serious misconduct can lead to fraud charges and personal liability for losses to P's estate.

All deputy decisions must be in P's best interests, applying section 4 MCA 2005:

• Consider P's past and present wishes and feelings.
• Consider P's beliefs and values.
• Consult with anyone named, with carers, family, friends.
• Consider any written statements P made when capacity.
• Encourage P to participate as fully as possible in decisions.
• Consider whether the person may regain capacity (in which case defer the decision if possible).

Major decisions need separate court approval:

• Sale of P's home.
• Gifts above the deputy's normal authority (typically anything above £1,000-£5,000).
• Statutory wills (writing a will for P).
• Deprivation of liberty arrangements not covered by Standard Authorisation.
• Disputed medical treatment.

Routine decisions (paying bills, managing investments, dealing with benefits) are within the deputy's ordinary authority.

If P still has capacity, an LPA is dramatically better than waiting for deputyship later:

• LPA cost: £82 OPG fee per LPA (Property & Affairs + Health & Welfare = £164). Solicitor fees optional.
• Deputyship cost: £408 application fee + £320/year supervision + £100-£300/year security bond + £1,500-£4,000 solicitor fees. Total first-year cost easily £2,500-£5,000.
• LPA in place: 8-10 weeks to register.
• Deputyship: 4-9 months to appoint.
• LPA: P chooses the attorney.
• Deputyship: court chooses (with family input but ultimate court discretion).

The "LPA is for old people" myth costs many families thousands. Diagnosis of dementia or stroke does not announce itself in advance. Anyone over 18 with assets or who wants someone to manage their care should consider both LPAs while still able.