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.

Issue of the Order

The Court of Protection will then release the Order.

Once received the Deputy will need to send a copy of the Order to register with relevant organisations in order to enable them to assist in the affairs of the person who lacks capacity. 

On-going costs and duties to be aware of

There is usually a one-off fee of £100.00 to place a Deputy’s details on the register at the Office of the Public Guardian (OPG) who are responsible for overseeing Deputies and Attorneys. The OPG will issue an invoice for this following the issue of the Order.

There are then on-going annual supervision fees payable to the OPG of £320 and an annual security bond premium is due on the anniversary of the Order. If the individual has low assets or relives certain benefits they may be entitled to a remission or exemption of those fees.

The general rule in the Court of Protection is that all costs, including anything that the Deputy has spent themselves will be payable by or recoverable from the person who lacks capacity. In rare cases, the Court may order someone else to pay the costs, but this would only usually be where the proceedings have been contested and a party has acted unreasonably.

On the anniversary of the Order the Deputy is required to complete a Report to the OPG which includes all financial transactions and decisions made on behalf of the person who lacks capacity during a 12-month period.

Likely time scales

At present a standard deputyship applications are taking between 6-9 months for a Court Order to be issued. Please note, 6-9 months is a realistic time period for an application where the court does not require any further information, and there are no objections. Any implications may increase the time period considerably.

If you would like to discuss the application process or have any other queries, please contact the COP Team. We can offer fixed fee appointments for queries, make applications on your behalf, or act long term as a deputy or attorney for your loved ones. We are here to help and can be all the help you need.