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What Is The Court of Protection And What Do They Do?

Jun 8 2021 | Wills and Probate

by Elisabeth Squires

by Elisabeth Squires

Head of Private Client

In this article

What requirements must I meet to apply to the Court of Protection?

To make an application to the Court of Protection, you must meet two strict requirements, which are:

  • You’re a person (not a company, for example).
  • You’re over the age of 18.

Normally, someone who applies for deputyship from the Court of Protection will be a close friend or relative of the person who has lost mental capacity.

How do I apply?

To apply to the Court of Protection, you will need to complete at least four application forms alongside an accompanying doctor’s certificate. This doctor’s certificate will confirm to the court that the person in question is no longer capable of making their own decisions.

The deputyship forms you will need to complete will depend on whether you’re applying to make decisions regarding the persons:

  • Health and welfare.
  • Property and financial affairs.

You can apply to be deputy for one of the above or both. If the Court of Protection accepts your application, you’ll get a court order outlining your decision making powers.

Court of Protection forms.

As mentioned prior, the forms you need to complete depend on whether you’re applying to make decisions regarding someone’s health and welfare or property and financial affairs.

1. Health and welfare
Form Name Form Number
Application COP1
Assessment of capacity COP3
Annex A supporting information COP1A
Witness statement COP24
Proceedings about you in the Court of Protection COP14
Certificate of notification/ non-notification of the person to whom the proceedings relate COP20A
Notice that the application has been issued COP15
Acknowledgement of service/ notification COP5
Certificate of service/ non-service/ non-notification COP20B
2. Property and financial affairs
Form Name Form Number
Application COP1
Assessment of capacity COP3
Annex B supporting information COP1B
Witness statement COP24
Proceedings about you in the Court of Protection COP14
Certificate of notification/ non-notification of the person to whom the proceedings relate COP20A
Notice that the application has been issued COP15
Acknowledgement of service/ notification COP5
Certificate of service/ non-service/ non-notification COP20B

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