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If someone close to you has lost mental capacity, don’t worry. You can apply to the Court of Protection for deputyship which grants you permission to make important decisions on their behalf.
For more information, please call us directly on 020 3007 5500 or send us an email via [email protected].
What is the Court of Protection?
The Court of Protection is created under the Mental Capacity Act 2005 to protect anyone who has lost mental capacity.
In a circumstance where someone has lost mental capacity and hasn’t appointed a lasting power of attorney (LPA) or enduring power of attorney (EPA), you can apply to the Court of Protection to become a deputy for that person. A deputy can make decisions regarding someone’s property and financial affairs or health and welfare.
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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 |
Applying to the Court of Protection?
Don’t worry, we’re here to give the advice you need when you need it. Just contact us to arrange an appointment.
Lines open 24/7 020 3007 5500
Fees and pricings.
The solicitor fee for making an application to the Court of Protection for deputyship starts from £3,170 + VAT. In addition to the solicitor fee, there are several disbursement costs for making the application. These disbursements include:
- £365 fee per application. This fee is separate for health and welfare and property and financial affairs.
- £100 assessment fee if you’re a new deputy.
- Annual fee of £320 for general supervision. In a circumstance where it’s deemed as minimal supervision, the annual fee is £35. Minimal supervision is when the value of the property and financial affairs managed by the deputy falls below £21,000.
What if I disagree with the court’s decision?
It’s possible to challenge a decision made by the Court of Protection by making an application to the Court of Appeal. However, making this application to the Court of Appeal can be a highly complex process. Therefore, it’s beneficial to instruct a solicitor to ensure you have the best chance of your application being accepted.
How can Britton and Time Solicitors help?
Making an application to the Court of Protection is a complex procedure, which requires you to complete various forms correctly. Instructing a solicitor will ensure the following:
- You have a professional with experience in making applications to the Court of Protection.
- The relevant application forms are completed.
- You have the best possible chance of your application being accepted.
To contact one of our solicitors, please email us via [email protected] or call us directly on 020 3007 5500.
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