The Court of Protection is made up of district, senior and High Court judges who make final decisions around financial and personal care issues for people who have lost the mental capacity to do so themselves. One of the court’s roles is to appoint deputies for people who need them.
For example, if your relative develops dementia, as they become more ill, it’s likely they’ll need assistance managing their affairs. The Court of Protection can then authorise a deputy who is legally able to make welfare decisions on their behalf.
Being granted deputyship does not always mean you will be in charge for life. The court can instead allow someone to make one-off decisions for another person or deal with urgent matters.
Who can become a Court of Protection deputy?
Applications to the Court of Protection can be accepted for anyone aged 18 or over. Usually, a deputy is not necessary if the person in need of support already has a lasting power of attorney in place.
Deputies are usually friends and family members, but in more difficult cases the court may choose professionals such as solicitors or accountants. Complex cases can involve property and financial affairs with larger sums of money or complicated assets, making professional support more suitable.
It is also possible for multiple deputies to be appointed by the court. As part of your application, you must specify whether it will be a joint deputyship, where all deputies must agree on every decision, or a jointly and severally arrangement, where decisions can be made by one deputy alone or together with others.
You will continue to be a deputy until the court order is rescinded, changed or expires.
What is the role of a Court of Protection deputy?
There are two types of deputy when receiving a Court of Protection deputyship:
Property and affairs deputyship
The most common type of deputyship involves managing finances when a person who lacks capacity is unable to do so. As a property and affairs deputy, it is important not to mix your money with theirs. You must also keep accurate records of the finances you manage for the other person.
Government advice suggests that, in this position, “you need to have the skills to make financial decisions for someone else”.
Personal welfare deputyship
This type of deputyship focuses on managing the care and treatment of someone who is unable to make decisions for themselves.
Often, you will take on this role when disagreements arise over the type of treatment or care being given. In these cases, the Court of Protection typically grants deputyship for one-off decisions, unless ongoing treatment is required.
Taking on any deputyship comes with plenty of responsibility. Many people who apply use a legal adviser to ensure they handle everything properly. Once appointed, you will also benefit from guidance from the Office of the Public Guardian.
It is also an ongoing process. The Government states that “you must consider someone’s level of mental capacity every time you make a decision for them” and that you cannot “assume it’s the same at all times and for all kinds of things”.
The main duties of a court-appointed deputy include:
- Acting in the person’s best interests, including making decisions that reflect their wishes and seeking advice from professionals
- Explaining your decisions to the person wherever possible
- Completing an online annual report explaining the decisions you have made, or writing a final report when your deputyship ends
Court of Protection deputyship also comes with restrictions intended to prevent abuse of power. For example, you cannot hold money or assets in your own name on behalf of the person, make or amend a will in their name, or deal with property they jointly own with someone else.
What is deputyship supervision?
Once you become a deputy, you will need to be supervised by the Office of the Public Guardian. This helps ensure you are able to take proper care of the person you represent.
No matter the size of the estate you will be managing, all new deputies are placed under general supervision.
After the first year, if you are effective in your role, you may move to minimal supervision, provided you are looking after an estate valued at less than £21,000. Under minimal supervision, your annual fees are lower and your annual report can also be shorter.
During your deputyship, the Court of Protection may visit at any time to check that you understand your duties, are carrying them out correctly and are receiving the support you need.
How do I apply to the Court of Protection for deputyship?
Applying to the Court of Protection for deputyship is a complicated matter. Before beginning your application, it is worth discussing the matter with a solicitor. The Law Superstore’s quote form can help you find the best prices for solicitors in your area.
Together, you will need to complete several forms available from gov.uk. These can be printed and posted or completed online.
- COP1 begins your application to make decisions on someone else’s behalf. You will need to send the original form plus a copy.
- COP3 is an assessment of capacity form. A medical professional will give an expert opinion on the person’s mental capacity, but if this is not possible, you will need to use COP24. A COP24 lets you explain why you believe the person no longer has the mental capacity to make decisions.
- COP4 is your final application, where you need to tell the court about your personal and financial circumstances. You will also need to explain your ability to make decisions for someone else.
- COP1A is required if you are applying to become someone’s property and affairs deputy.
- COP1B is required if you are applying to become a personal welfare deputy.
Your application must name at least three people who also know the person you wish to make decisions for. The court suggests these could include relatives, social workers or a doctor. You must send each person the COP15 form to notify them of your Court of Protection deputyship application.
After applying for deputyship, it is your duty to inform the person you are making decisions for. You do this using the COP14 form. They may then complete the COP5 acknowledgement form to give their opinion or provide evidence if they disagree with the application.
Finally, you will have just seven days to tell the court that you have notified the relevant people by using the COP20A and COP20B forms.
How much does it cost to apply for Court of Protection deputyship?
Application costs
Whether you apply to become a property and affairs deputy or a personal welfare deputy, the application cost is £365 for each. So, if you want to become both someone’s property and affairs deputy and personal welfare deputy, it will cost £730.
While most applications are decided based on the paperwork, some cases may require a court hearing. If so, this will cost a further £485.
Property and affairs deputies may also need to pay a security bond to protect the person’s finances. The amount will vary depending on the size of the estate and how much of it you will control.
Ongoing deputyship costs
Once approved by the court, you will need to pay a new deputy fee of £100. You will also need to pay an annual fee depending on your level of supervision. General supervision costs £320 and minimal supervision costs £35.
Making the right decisions
Taking on decision-making for someone else is an important step and one that should be carried out with great care.
To make sure you are making the right choice and handling the complex application process correctly, you may find it helpful to discuss your situation with a solicitor. Using our quote form, we can put you in touch with up to four legal professionals near you.
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