Court of Protection legal advice – Family Guide UK

The topic of Court of Protection legal advice can be complex and emotionally challenging for families, especially when urgent decisions are needed for a loved one who may lack the capacity to make their own choices. Understanding your legal options is essential, and working with experienced Capacity and Care Solicitors can help families navigate these difficult waters with confidence and clarity.

In this article, we explain the role of the Court of Protection, who it helps, the importance of mental capacity assessments, and how families can make informed legal choices through processes such as deputyship applications and Lasting Powers of Attorney. We also cover how to prepare and submit a COP3 form and what support is available throughout the process.

What is the Court of Protection?

The Court of Protection is a specialist UK court situated in London, it is empowered by the Mental Capacity Act 2005 to make legal rulings in areas such as:

• Financial management and property affairs.
• Health and welfare decisions.
• Statutory Wills.
• Appointing deputies to act on behalf of individuals in crisis.
• Making declarations about an individual’s capacity.

Understanding mental capacity

Before the Court of Protection can intervene, it must be established that a person lacks mental capacity. This is assessed based on whether an individual can understand, retain, and evaluate information to make a decision, and communicate that decision clearly.

A mental capacity assessment is often documented using a COP3 form, completed by a medical professional such as a GP or psychiatrist. Social workers can complete them too.  This form is critical for deputyship applications and must be completed by a specialist trained to carry out such assessments, and which contain thorough and accurate information following the assessment being carried out upon the person this pertains to.

What is a Deputyship Application?

When someone loses mental capacity and hasn’t appointed an attorney through a Lasting Power of Attorney (LPA), families may need to apply to the Court of Protection for a deputyship order. This legal arrangement appoints a deputy to make decisions on behalf of the individual.

The deputy can be a family member, friend, or professional such as a solicitor. The application involves submitting several forms including:

1. Form COP1 (application form).
2. Form COP3 (assessment of capacity).
3. Form COP4 (deputy declaration).

There are further forms which need completing, however, that is dependent upon the application you are making.

More information and official forms can be found on the UK government’s Court of Protection portal.

When to Use a Lasting Power of Attorney

A Lasting Power of Attorney (LPA) allows someone to appoint another individual to act on their behalf while they still have capacity. This is a proactive measure that avoids the need for Court of Protection involvement later.

There are two types of LPA:

• Property and Financial Affairs – managing bank accounts, property, pensions.
• Health and Welfare – medical treatment, care arrangements.

Filling out the COP3 form

The COP3 form is a critical document in assessing mental capacity. It should be completed by a healthcare professional or trained assessor and include:

• Clear details of the individual’s condition.
• Specific examples of how capacity is impaired.
• Medical history and future prognosis.

A poorly completed COP3 can delay or jeopardise the entire application, which is why legal advice is vital during this stage.

How a solicitor can help

Solicitors specialising in Court of Protection legal advice provide critical support for families during this complex process:

• Reviewing or preparing deputyship and LPA documents.
• Liaising with medical professionals for COP3 form completion.
• Representing clients in Court of Protection hearings.
• Advising on legal duties, safeguarding, and reporting.

Our specialist Court of Protection & Vulnerable Persons team are dedicated to supporting and protecting the interests of those who no longer have the mental capacity to make their own decisions. Whether this is through illness, disability, or injury, we work with a range of vulnerable clients and their families to overcome the often complex legal issues that arise in these circumstances. We can help you at every step with friendly, empathetic, and expert legal support.

Contact us for more information.

Case example

Mrs. L was caring for her elderly father, who developed dementia. He had no LPA in place, and decisions needed to be made urgently about selling his property to fund care. With the help of a solicitor, Mrs. L applied for deputyship. The solicitor guided her through the COP3 form process and ensured proper court representation. Within three months, Mrs. L was appointed as deputy, allowing her to manage her father’s finances lawfully and with peace of mind.

Expert insights

Legal professionals who specialise in mental capacity law recommend:

• Planning early with an LPA while capacity is intact.
• Seeking legal advice at the start of any deputyship application.
• Ensuring full, clear medical evidence in COP3 forms.
• Understanding a deputy’s reporting obligations to the OPG (Office of the Public Guardian).

Benefits and challenges

Benefits of Court of Protection involvement:

• Provides legal authority to act for vulnerable individuals.
• Independent oversight and safeguarding.
• Allows access to finances and decision-making in emergencies.

Challenges:

• Applications can take several months.
• Costly, including court fees and medical assessments.
• Ongoing reporting and oversight requirements.

Future outlook or advice

The best way to avoid delays and stress is to plan ahead. Encouraging loved ones to create a Lasting Power of Attorney while they have capacity can prevent complex legal battles in the future. Where this isn’t possible, families should seek prompt Court of Protection legal advice from solicitors experienced in capacity law.

FAQ

What is the purpose of the Court of Protection?
The Court of Protection makes decisions for people who lack mental capacity, including financial and healthcare choices.

Who can apply for deputyship?
A family member, friend, or professional can apply to be appointed as a deputy through the Court of Protection.

When should a COP3 form be used?
A COP3 form is used to provide evidence of a person’s lack of mental capacity when applying for deputyship, this document is nearly always needed.

How long does a deputyship application take?
On average, it takes 8–16 weeks depending on case complexity, nature of urgency and documentation quality.

What’s the difference between an LPA and a deputyship?
An LPA is made by a person with capacity, while a deputyship is granted by the Court after capacity is lost.

This article was produced on the 16th July 2025 for information purposes only and should not be construed or relied upon as specific legal advice.