What Are The Steps For Applying To The Court Of Protection To Be A Deputy?

This is a complicated process, and after taking detailed instructions from the proposed deputy and preparing the documents, the following steps are required.

Visiting requirements

The practitioner must visit the person who is the subject of the application, and tell them:

• who is applying to be their deputy;
• that their ability to make decisions is being questioned;
• what having a deputy would mean for them;
• where to get advice if they want to discuss the application.

During the visit, the practitioner must give them:

• Form COP14PADep – Notification and form and Acknowledgment of notification – from the person to whom the application relates. The practitioner will complete the notification parts of the form in sections 1 to 4. The person who is the subject of the application can complete the acknowledgment in section 5 of the form if they are able.
• Form COP5 – Acknowledgment of service/notification. If they are able, the person who is the subject of the application must complete this form if they want to object to the application or provide evidence against it.

The person who is the subject of the application has 14 days to return the forms to the practitioner. If they cannot, the practitioner can send the application and Form COP14PADep to the Court of Protection with just the notification sections filled in.

Notification requirements

The practitioner must tell at least three people who know the person, for example, relatives, a doctor, or a social worker, of the application by post, email, or in person and provide them with:

• Form COP5 – Acknowledgment of service/notification. They will need to complete this form if they want to object to the application;
• Form COP15PADep – Notification form and acknowledgment of notification – persons with an interest in the application.

The forms must be returned to the practitioner within 14 days of receipt, failing which the application can proceed.

Required forms and fees

Within three months of notifying the connected people, the practitioner must lodge the following forms with the Court of Protection:

• COP3 – Assessment of capacity;
•  COP4 – Deputy’s declaration;
• COP1A – Supporting information property and financial affairs applications;
• COP5 – Acknowledgment of service/notification, if it was returned;
• the application fee.

In addition:

• if applying online, the practitioner must also submit Form COP14PADep;
• if applying by post, the practitioner must send the following:
  • COP1 – Application form, plus a copy; and
  • COP14PADep.

Following lodgement

The Court of Protection will review the application and advise if it has been approved or rejected, whether a security bond is required, and if more information is required.

More information is available in the By Lawyers Court of Protection guide.