How The Court Of Protection Appoints Deputies

Where an individual has not made an Enduring or Lasting Power of Attorney in the past, and has lost the capacity to manage their affairs, the Court of Protection are here to assist.

You would need to apply to become deputy for property and financial affairs, for authority to manage somebody else’s affairs, if they no longer have the mental capacity to do so themselves. An application will need to be made, in order for this authority to be granted. The court of protection will then consider the application and decide whether to appoint a deputy on the person’s behalf and in their best interest. Decisions a deputy can make could include selling a property, paying bills, or ensuring they are receiving the benefits to which they are entitled.

All applications will be different dependant on what is in the best interests of the individual. The application process comprises several stages as follows. Please note the following is based on the application being non-contentious and proceeding without objection from a third party. Additionally, on the Court approving the suitability of the proposed deputy.

Capacity Assessment 

A COP3 Assessment of Capacity needs to be completed by a recognised practitioner. In the majority of cases the practitioner will charge a fee for the completion of this report. This report will confirm that the individual lacks capacity to manage their own affairs and prepare an LPA.

Approval of the Application Forms

Application forms are completed, approved, and signed by the proposed Deputy. The application forms include financial and personal information about the person who lacks capacity. In addition, each proposed Deputy must complete a COP4 Deputy Declaration which includes agreement to the duties as a deputy and forms an undertaking the Court of Protection and the Office of the Public Guardian.

Serving Notices

The court requires the person who lacks capacity and at least three other family members to be notified in advance of filing the application with the Court of Protection. Using this form, the people to be notified will be given an opportunity to consent or oppose the application.

Submission of the Application Forms to the Court of Protection

The application will then be submitted to the Court of Protection and the Court will charge a fee of £408 at this stage.

If the Court is satisfied that the application forms have been submitted correctly, they will then consider the application and either give directions for managing the case or make the order appointing a deputy.

If the Court is happy to make the Order, they will then confirm this to us and request payment of the Security Bond. The security is a type of insurance policy designed to financially protect the person who lacks mental capacity in the event that the deputy was to mismanage their finances.

The premium must be paid on the Security Bond before the Court sends out the sealed Orders. The level is determined by the amount of funds the Deputy will have control over, including non-cash assets such as property.