Deputies: make decisions for someone who lacks capacity

Skip contents

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.

There’s different guidance if you’re a legal professional.

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.

If you’re replacing a deputy

You can apply to replace an existing deputy, for example if they can no longer carry out their duties or you think they should no longer be a deputy. You should explain why you want to replace them in your application.

The existing deputy can object to being replaced by completing an acknowledgment form (COP5).

If you’re submitting online

If your representative notified the person about your application, you’ll need to submit an application notification and acknowledgement form (COP14PADep).

If you notified the person about your application yourself, you do not need to submit any extra forms.

If you’re submitting by post

You also need to send:

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

There’s a different service if you’re a legal professional.

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
[email protected]
Telephone: 0300 456 4600
Monday to Friday, 9am to 5pm
Find out about call charges

View a printable version of the whole guide

Related content