Court of Protection: What It Does and When You Need It

Court of Protection: Complete Guide

The Court of Protection (CoP) is a specialist court that makes decisions for people who lack mental capacity. It's the safety net when there's no LPA—but it's much more complex and expensive.

What Does the Court of Protection Do?

Key Functions:

• Decides if someone has mental capacity
• Makes decisions for those who lack capacity
• Appoints deputies to manage affairs
• Resolves disputes about LPAs
• Removes attorneys who aren't performing

When is the Court of Protection Needed?

You Need the Court If:

• Someone lacks capacity AND has no LPA
• You need authority to manage their finances
• You need authority for significant welfare decisions
• There's a dispute about an existing LPA
• An LPA needs to be revoked

You DON'T Need the Court If:

• The person has an LPA that covers the decision
• The person has capacity to decide themselves
• It's a routine care decision made in best interests

Deputyship Orders

A deputyship is like an LPA, but ordered by the court instead of created by the person.

Types of Deputyship:

Property & Financial Affairs Deputy

• Most common type
• Manages money, bills, property
• Ongoing supervision by OPG

Personal Welfare Deputy

• Less commonly granted
• For serious ongoing welfare decisions
• Courts prefer one-off orders

Who Can Be a Deputy?

• Family members (most common)
• Friends
• Professional deputies (solicitors, etc.)
• Local authority (in some cases)

The Deputyship Application Process

Step 1: Assess the Situation

• Confirm the person lacks capacity
• Get a capacity assessment (form COP3)
• Determine what decisions are needed

Step 2: Complete Forms

• COP1: Main application form
• COP3: Assessment of capacity
• COP4: Deputy's declaration
• Supporting documents

Step 3: Notify Relevant People

• The person (unless exempt)
• Close relatives
• Anyone with interest in their welfare

Step 4: Pay Fees

• Application fee: £371
• Hearing fee (if required): £494

Step 5: Wait for Decision

• Court reviews application
• May request more information
• May hold a hearing
• Issues order if approved

Step 6: Register with OPG

• Pay security bond (usually required)
• Receive deputyship order
• Begin acting under supervision

Timeline

Stage

Typical Time

Preparing application	2-4 weeks
Court processing	12-16 weeks
If hearing needed	Add 4-8 weeks
OPG registration	2-4 weeks
Total	4-7 months

Ongoing Requirements

Deputies must:

• Act in person's best interests
• Keep detailed records
• Submit annual reports to OPG
• Pay annual supervision fee (£320)
• Maintain security bond
• Get court approval for certain decisions

Costs Comparison

LPA	Deputyship

Creation cost	£74-140 (myLPA)	£371+ court fees
OPG registration	£82	Included
Annual fees	None	£320
Security bond	None	Usually required
Professional costs	Optional	Often needed
Control	You choose	Court decides

Why LPA is Better Than Deputyship

Cost: LPA is much cheaper

Time: LPA registers in 8-12 weeks vs 4-7 months

Control: You choose your attorneys

Supervision: Less ongoing oversight

Flexibility: More choices about how attorneys act

One-Off Court Orders

For specific decisions, you can apply for a one-off order instead of deputyship:

• Selling a house
• Major medical decision
• Where someone should live
• Specific financial transaction

This may be simpler for one-time decisions.

Getting Help

Free Help:

• Citizens Advice
• Court of Protection guidance (gov.uk)
• OPG helpline: 0300 456 0300

Paid Help:

• Solicitors specialising in CoP
• Professional deputy services
• Mental capacity consultants

Avoid the Court—Get Your LPA Now →