Guide to Applying to the Court of Protection

If someone you care for can no longer make certain decisions, the Court of Protection can appoint a deputy or decide a one-off issue. This guide explains the routes, the forms, the fees and what to expect, in plain English. It focuses on England and Wales. Scotland uses guardianship, Northern Ireland uses controllers, the processes are different so check local guidance if you are outside England and Wales. GOV.UK opens in a new tab

“If the person already has a lasting power of attorney or an enduring power of attorney, they do not usually need a deputy.” Keep that in mind before you start, it can save time and money. GOV.UK opens in a new tab

First choice, the right route

There are three common routes.

Property and financial affairs deputyship, ongoing authority to manage money and property. Many straightforward applications are decided on the papers, no hearing needed. GOV.UK opens in a new tab
Personal welfare deputyship, ongoing authority about care or medical issues, used sparingly where there is dispute or long-running complexity. The court says it usually appoints a welfare deputy only if there is real doubt about best interests, for example serious family disagreement about care or residence. GOV.UK opens in a new tab
A one-off court decision, for a specific question that cannot be resolved any other way. GOV.UK opens in a new tab

If you only need to manage benefits, a DWP appointeeship is often the faster fix and can sit alongside a later deputyship. GOV.UK opens in a new tab

Fees, how they work and who pays

Court fees were updated in April 2025.

Application fee, £421.
Hearing fee, £259.
Appeal fee, £265.
Copies, £5 per document.
The court sets out who pays, and when fees can be recovered from the person’s funds in property and affairs cases. GOV.UK opens in a new tab

Help with court fees uses COP44A. If savings or income are low, you may get a remission or reduction, use the dedicated Court of Protection form. GOV.UK opens in a new tab, GOV.UK (pdf) opens in a new tab

After appointment, OPG fees apply, currently a £100 assessment, then annual supervision of £320 or £35 for minimal supervision. Remission or exemption is available using OPG120 based on the person’s means. GOV.UK, opens in a new tab, GOV.UK (pdf) opens in a new tab

Security bond, in most property and affairs cases the court will require a surety bond, a form of insurance that protects the person’s estate. You arrange the bond after approval and before the sealed order is released. GOV.UK opens in a new tab

“The court tells most deputies to get a ‘surety bond’,” it is there to protect the person, not the deputy. GOV.UK opens in a new tab

Step by step, property and financial affairs deputyship

Since 2024 the process starts with telling people up front.

Step 1, tell the person and connected people before you file
Visit the person, explain the application, give them COP14PADep and an optional COP5 if they may object. Tell at least three connected people using COP15PADep. They have 14 days to respond to you. GOV.UK opens in a new tab

Step 2, gather the core forms and evidence

COP3 assessment of capacity, completed by an appropriate assessor, for example a medical practitioner or a social care professional, decision specific to what you are asking the court to authorise. GOV.UK (pdf) opens in a new tab
COP4 deputy’s declaration.
COP1A financial annex, or answer the online questions. GOV.UK opens in a new tab

Step 3, submit online where possible
Professionals are expected to file online. Paper filing is available if a reasonable adjustment is needed. The page lists exactly what to upload and where to send a paper pack if required. Postal address, Court of Protection, PO Box 70185, First Avenue House, 42–49 High Holborn, London WC1A 9JA. GOV.UK opens in a new tab

Step 4, pay the fee or apply for help with fees
Use the current figures and the COP44A process above. GOV.UK opens in a new tab

Step 5, what happens next
Many property and affairs applications are approved on the papers. You may be told to arrange a security bond before the sealed order is issued. The court’s guidance explains when a hearing fee is due and what to expect if one is listed. GOV.UK opens in a new tab

Health and welfare deputyship, when it is really needed

Welfare deputyship remains the exception, not the norm. The court will usually only appoint one where there is doubt that decisions will be made in the person’s best interests or a specific issue needs ongoing authority. Use COP1 with COP1B, COP3 and COP4, then notify after issue with COP14 and COP15, and prove notification with COP20A or COP20B within the required time. GOV.UK opens in a new tab

“The court will usually only appoint a personal welfare deputy if there is doubt whether decisions will be made in someone’s best interests.” That is the benchmark the court uses. GOV.UK opens in a new tab

One-off decisions

If you need the court to decide a single important issue, for example selling a home or a specific care dispute, you can apply for a one-off order instead of deputyship. The COP3 capacity evidence is still required for the decision in question. GOV.UK opens in a new tab, GOV.UK (pdf) opens in a new tab

How long does it take

There is no fixed time, it depends on evidence quality, objections, court workload and whether a hearing is needed. Practitioner experience commonly puts straightforward appointments around four to six months, with longer waits when the court is busy or the case is complex. Irwin Mitchell opens in a new tab, cfglaw.co.uk opens in a new tab, Backhouse Solicitors opens in a new tab

What speeds things up in practice

Book the COP3 early, send the assessor a clear brief about the decisions in scope so the report is decision specific. GOV.UK (pdf) opens in a new tab
Use the upfront notification forms correctly and keep copies of all acknowledgements. GOV.UK opens in a new tab
Respond quickly to any court queries and arrange the security bond as soon as asked. GOV.UK opens in a new tab

Practical tips that save time and stress

1) Sense-check the route before you begin
Check for any existing LPA or EPA first, and consider DWP appointeeship if benefits are the only issue. Both checks can avoid an unnecessary application. GOV.UK opens in a new tab

2) Make COP3 easier for everyone
The COP3 can be completed by a medical practitioner or a social care professional. Share a short written brief that lists the exact decisions you need authority for, the person’s communication needs and any steps tried to support their decision making. This mirrors how the form tests understand, retain, use and weigh, and communicate. GOV.UK (pdf) opens in a new tab

3) Use the forms pack, not screenshots from blogs
Always download the latest COP forms from GOV.UK so the court is working from the same version as you. Keep a copy of everything you file. GOV.UK opens in a new tab

4) Budget properly
Plan for the application fee and, if listed, the hearing fee, then the post-appointment OPG fees. If income and savings are low, apply for help with fees using COP44A and OPG120. GOV.UK opens in a new tab

5) Know the emergency route
If there is immediate risk and the court is closed, call the Royal Courts of Justice out-of-hours number. In hours, the Court of Protection helpline can guide you to the Urgent Business Officer. Keep these numbers handy. GOV.UK opens in a new tab

Real-world examples

Mrs K, paying the care home while waiting
Mrs K’s son needed to manage bills quickly after a hospital discharge. He started a full deputyship, but bills could not wait. We explained DWP appointeeship to handle benefits immediately and a short-term arrangement with the care provider for fees until the court order arrived. This avoided arrears and reduced stress. GOV.UK opens in a new tab

Mr D, the delayed COP3
A family could not get a GP to complete the COP3 promptly. We prepared a clear brief and signposted them to an appropriate social care professional instead. The report addressed each decision in scope, which cut court queries and shortened the overall timeline. GOV.UK (pdf) opens in a new tab

Ms A, bond confusion resolved
After approval in principle, the family were unsure why they had no sealed order. We explained the security bondrequirement and helped them arrange it with a provider. The sealed order followed once the bond was confirmed. GOV.UK opens in a new tab

What AJH Social Work can do for you

Route check and triage, we confirm whether deputyship is needed, or if an LPA or appointeeship is the better first step. GOV.UK opens in a new tab
Evidence ready filing, we prepare a decision specific COP3 brief and coordinate with an appropriate assessor. GOV.UK (pdf) opens in a new tab
Form pack assembly, we keep you on the current GOV.UK versions, and we track the upfront notification responses. GOV.UK opens in a new tab
Bond support and onboarding, we help arrange the security bond and get you set for OPG supervision. GOV.UK opens in a new tab

You get calm, practical guidance, and a single point of contact who understands social care systems and the court process.

Essential forms and where to find them

COP1 application, COP1A finances annex, COP1B welfare annex. GOV.UK opens in a new tab
COP3 assessment of capacity, with assessor notes. GOV.UK opens in a new tab, GOV.UK (pdf) opens in a new tab
COP4 deputy’s declaration. GOV.UK opens in a new tab
COP14PADep and COP15PADep upfront notification for property and affairs. GOV.UK opens in a new tab
COP14 and COP15 post-issue notification, COP20A and COP20B proof of notification or service. GOV.UK opens in a new tab
COP44A help with fees, OPG120 reduction of OPG fees. GOV.UK opens in a new tab, GOV.UK (pdf) opens in a new tab

Answers to Common Court of Protection Questions

Do I Always Need To Apply For A Deputyship If Someone Lacks Capacity?

Not always. If there is a valid lasting power of attorney or enduring power of attorney in place, or if only benefits need managing through a DWP appointeeship, deputyship may not be needed.

Checking first can save time and cost.

Who Can Complete The COP3 Assessment Of Capacity?

The form can be completed by a medical practitioner, such as a GP or consultant, or by a qualified social care professional.

The assessment must be decision specific and should explain how the person does or does not meet the Mental Capacity Act test.

Can I Claim Back The Application Fee From The Person’s Funds?

In most property and affairs applications, the deputy can recover the court fee from the person’s assets once appointed.

Welfare applications are usually paid personally and cannot be reclaimed in the same way.

How Long Will My Deputyship Application Take?

Straightforward property and affairs applications are often completed in around four to six months, though delays are common if evidence is missing or the court is busy.

More complex or disputed cases can take significantly longer.

What Is A Security Bond And Why Do I Need One?

A security bond is an insurance policy set at a level decided by the court to protect the person’s money and property.

It must be arranged before the court releases the final deputyship order.

What Happens If There Is An Urgent Decision To Be Made?

You can apply for an urgent or emergency order if the person’s health or assets are at immediate risk.

The Court of Protection has an Urgent Business Officer in hours and an out-of-hours contact line through the Royal Courts of Justice.

Is A Welfare Deputyship The Same As Making Medical Decisions In All Situations?

No, welfare deputyships are limited and the court usually grants them only when there is significant dispute or risk.

Even then, certain decisions, such as life sustaining treatment, are almost always left to the court itself.

Key sources

Court of Protection fees, April 2025 update. GOV.UK opens in a new tab
Property and financial affairs deputyship, official step-by-step, including upfront notification and postal address. GOV.UK opens in a new tab
Become a deputy, policy overview, welfare deputyship thresholds, LPA or EPA checks, Scotland and Northern Ireland notes. GOV.UK opens in a new tab
COP3 Assessment of capacity, who can assess, decision specific approach. GOV.UK (pdf) opens in a new tab
Help with Court of Protection fees, COP44A. GOV.UK opens in a new tab
OPG supervision and fees, OPG120. GOV.UK opens in a new tab
Surety bonds, what they are and when required. GOV.UK opens in a new tab
Emergency and urgent routes, helpline and out-of-hours contact. GOV.UK opens in a new tab
Typical timeframes reported by practitioners, four to six months in straightforward cases, longer if complex or busy. Irwin Mitchell opens in a new tab, cfglaw.co.uk opens in a new tab, Backhouse Solicitors opens in a new tab