Deputy (Court of Protection)

Overview

You can apply to become someone’s deputy if they ‘lack mental capacity’. This means they cannot make a decision for themselves at the time it needs to be made. They may still be able to make decisions for themselves at certain times.

People may lack mental capacity because, for example:

  • they have had a serious brain injury or illness
  • they have dementia
  • they have severe learning disabilities

As a deputy, you’ll be authorised by the Court of Protection to make decisions on their behalf.

Types of deputy

There are 2 types of deputy.

Property and financial affairs deputy

You’ll do things like pay the person’s bills or organise their pension.

Personal welfare deputy

You’ll make decisions about medical treatment and how someone is looked after.

You cannot become someone’s personal welfare deputy if they’re under 16. Get legal advice if you think the court needs to make a decision about their care.

The court will usually only appoint a personal welfare deputy if:

  • there’s doubt whether decisions will be made in someone’s best interests, for example because the family disagree about care
  • someone needs to be appointed to make decisions about a specific issue over time, for example where someone will live

Read the full guidance about when you need to make a personal welfare application.

Becoming a deputy

You can apply to be just one type of deputy or both. If you’re appointed, you’ll get a court order saying what you can and cannot do.

When you become a deputy, you must send an annual deputy report to the Office of the Public Guardian (OPG) each year explaining the decisions you’ve made.

Apply to the Court of Protection if you need to change or renew your court order.

You’ll continue to be a deputy until your court order is cancelled or expires.

How to apply

Check you meet the requirements to be a deputy.

The application process is different depending on whether you’re:

You’ll also need to pay an application fee.

You do not need to be a deputy if you’re just looking after someone’s benefits. Apply to become an appointee instead.

Who can apply to be a deputy

You can apply to be a deputy if you’re 18 or over. Deputies are usually close relatives or friends of the person who needs help making decisions.

If you want to become a property and affairs deputy, you need to have the skills to make financial decisions for someone else.

The court can appoint 2 or more deputies for the same person.

When there’s more than one deputy

When you apply, tell the court how you’ll make decisions if you’re not the only deputy. It will be either:

  • together (‘joint deputyship’), which means all the deputies have to agree on the decision
  • separately or together (‘jointly and severally’), which means deputies can make decisions on their own or with other deputies

Responsibilities

As a deputy, you’re responsible for helping someone make decisions or making decisions on their behalf.

You must consider someone’s level of mental capacity every time you make a decision for them – you cannot assume it’s the same at all times and for all kinds of things.

You’ll get a court order from the Court of Protection which says what you can and cannot do. There are also general rules and examples in the Mental Capacity Act 2005 Code of Practice, and you’ll need to meet standards for deputies.

Guidance for all deputies

When you’re making a decision, you must:

  • make sure it’s in the other person’s best interests
  • consider what they have done in the past
  • apply a high standard of care – this might mean involving other people, for example getting advice from relatives and professionals like doctors
  • do everything you can to help the other person understand the decision, for example explain what’s going to happen with the help of pictures or sign language
  • add the decisions to your annual deputy report

You must not:

  • restrain the person, unless it’s to stop them coming to harm
  • stop life-sustaining medical treatment
  • take advantage of the person’s situation, for example abuse them or profit from a decision you’ve taken on their behalf
  • make a will for the person, or change their existing will
  • make gifts unless the court order says you can
  • hold any money or property in your own name on the person’s behalf

Property and affairs deputies

You must make sure:

  • your own property and money is separate from the other person’s
  • you keep records of the finances you manage on their behalf in your annual deputy report

You may need to manage a Court Funds Office account on the other person’s behalf.

You could be fined or sent to prison for up to 5 years (or both) if you mistreat or neglect the person on purpose.

Apply to be a property and financial affairs deputy

Use these steps to become a property and financial affairs deputy or to replace an existing deputy:

  1. Tell the person you’re applying to be a deputy for. Ask them to complete the relevant forms.
  2. Tell at least 3 people connected to your application. Ask them to complete the relevant forms.
  3. Complete the remaining forms.
  4. Submit the forms online or by post.

Tell the person you’re applying to be a deputy for

You or your representative must visit the person and tell them:

  • who’s 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 you must give them:

If they’re able, they should complete the form within 14 days. If they’re not able to, you can send the application and notification form (COP14PADep) back with just the notification parts filled in.

Tell people connected to your application

You must tell at least 3 people who know the person you’re applying to be deputy for about your application. For example, the person’s relatives, social worker or doctor.

If you’re replacing a deputy, one of the people you tell should be the person you’re replacing (if this is possible).

Send them:

You can tell them:

  • by post to their home address
  • by email
  • in person

If you cannot tell 3 people you should send a witness statement (COP24) to the Court of Protection with your other forms.

They need to return the forms to you within 14 days of receiving them. If you have not received the forms in 14 days, you can then apply without them.

Complete the forms

The forms you need to fill in depend on whether you’re submitting the forms online or by post.

You must complete and send the forms within 3 months of telling the people connected to your application. If you do not, you must start the process again.

You should keep a copy of every form you fill in for your own records.

All applicants need to complete:

The court may not accept your application if you do not send the ‘assessment of capacity’ (COP3) form.

If you cannot get an assessment, you must download and fill in a witness statement (COP24) to explain why you think the person you’re applying about lacks capacity.

Submit your forms online

You’ll need a debit or credit card to pay the fee. Find out how much you’ll need to pay.

Start now

Submit your forms by post

Send the forms to the Court of Protection with a cheque for the application fee. Find out how much you’ll need to pay.

Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London
WC1A 9JA

After you’ve applied

The Court of Protection will review your application and tell you if:

There’s usually no hearing for property and financial affairs deputy applications. If there is one, you’ll have to pay a fee. Find out how much you’ll need to pay.

The guidance explains what to expect from a Court of Protection hearing.

If you need help or support

You can contact the Court of Protection.

Court of Protection
courtofprotectionenquiries@justice.gov.uk
Telephone: 0300 456 4600
Monday to Friday, 9am to 5pm
Find out about call charges

Apply to be a personal welfare deputy

You need to download and fill in all of the following:

You must name at least 3 people in your application who know the person you’re applying to be deputy for. For example, their relatives, a social worker or doctor.

The court may not accept your application if you do not send the ‘assessment of capacity’ (COP3) form.

If you cannot get an assessment, you must download and fill in a witness statement (COP24) to explain why you think the person you’re applying about lacks capacity.

You should keep a copy of every form you fill in.

Where to send your forms

You’ll need to pay the application fee with a cheque.

Send the forms, including 2 copies of the application form (COP1) and the cheque to the Court of Protection.

Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London
WC1A 9JA

Tell people named in your application

The court will aim to send you a stamped copy of your application within a week of receiving it. This means your application is being considered (it has been ‘issued’). You’ll be sent a letter explaining what to do next.

Within 14 days of the application being issued, you must tell (sometimes called ‘serving’) the following people:

  • the person you’re applying to be a deputy for
  • at least 3 people named in your application as having an interest, for example the person’s relatives, social worker or doctor

If you cannot tell 3 people you should send in a witness statement (COP24).

Tell the person you’re applying to be a deputy for

You or your representative must visit the person and tell them:

  • who’s 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 give them:

Tell people connected to your application

You must tell 3 people named on your application that it has been issued.

Send them:

You can tell them:

  • by post to their home address
  • by email
  • in person

Confirming that you’ve told people (‘served notice’)

Within 7 days of serving the documents, you must download and fill in the relevant forms (sometimes called ‘certificates’) confirming you’ve told:

Send them all together to the Court of Protection.

Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London
WC1A 9JA

Fees

You must pay:

  • a fee to apply to be a deputy
  • a supervision fee every year after you’ve been appointed

You may also have to pay to set up a ‘security bond’ before you can be appointed as a property and affairs deputy.

When you apply

You must pay a £421 application fee.

If you’re submitting your forms by post, include a cheque payable to ‘HM Courts and Tribunals Service’.

If you’re submitting your forms online, you can pay with a debit or credit card.

You need to pay the application fee twice if you’re applying to become both types of deputy.

You’ll also need to pay £259 if the court decides your case needs a hearing. The court will tell you when you need to pay this.

Security bonds for property and affairs deputies

You may have to pay to set up a ‘security bond’ before you can be appointed as a property and affairs deputy. This is a type of insurance that protects the finances of the person you’re a deputy for.

You do not have to set up a bond if either:

  • you’re representing a local authority
  • the court decides it’s not necessary, for example if the person’s estate has a low value

If you need to set one up, you’ll get a letter from the court telling you this. The letter will explain what to do next.

You set up the bond with a security bond provider. The amount you pay depends on:

  • the value of the estate of the person you’re a deputy for
  • how much of their estate you control

You can pay it either:

  • using the person’s money
  • yourself – you can get the money back from the person’s estate once you have access to it

You may be prosecuted if you misuse the person’s money.

After you’ve been appointed

You must pay an annual supervision fee depending on what level of supervision your deputyship needs. You’ll pay:

  • £320 for general supervision
  • £35 for minimal supervision – this applies to some property and affairs deputies managing less than £21,000

Your annual supervision fee is due on 31 March for the previous year.

You’ll also need to pay a £100 assessment fee if you’re a new deputy.

The Office of the Public Guardian will tell you how and when to pay your assessment and supervision fees.

You may be able to claim a refund of your fees in certain situations.

Getting help with your application fee

You may not have to pay an application fee depending on:

  • what type of deputy you’re applying to be
  • how much money you or the person you’re applying to be deputy for has
Type of deputyWhose finances will be assessed
Property and financial affairsTheirs
Personal welfareYours

The guidance has information about getting help with your fees.

You can claim back the fee from the funds of the person you want to be a deputy for if you’re applying to be a property and affairs deputy.

The fee will be refunded if the person dies within 5 days of the Court of Protection receiving the application.

Getting help with your supervision fees

You can apply for an exemption or reduction of the fee if the person you’re a deputy for gets certain benefits or has an income below £12,000. Read the guidance that comes with the form and apply if the person meets the requirements. The address is on the form.

If the person you’re deputy for dies, you pay the supervision fee for the part of the year when you acted as deputy. For example, you’ll have to pay £17.50 if your minimal supervision deputyship comes to an end after 6 months.

Read more about how to be a deputy.

Last Updated on May 8, 2026 by Ashford Advice