Deputyship order application – How to apply through the Court of Protection

The process of making a deputyship order application through the Court of Protection is a vital legal step for those seeking to manage the affairs of someone who lacks the mental capacity to make their own decisions. If you are considering this process, our experienced Court of Protection & Vulnerable Persons team is here to guide you every step of the way.

In England and Wales, the deputyship order application is an essential legal process that allows an appointed deputy to act on behalf of someone who lacks mental capacity. Typically, these applications are made through the Court of Protection, which oversees decisions involving vulnerable individuals. This article explores how to apply for a deputyship order, legal requirements, scenarios, and practical advice.

What is a deputyship order?

A deputyship order is a legal document issued by the Court of Protection appointing one or more deputies to make decisions for someone who lacks mental capacity. These decisions may relate to finances, property, or personal welfare.

• Property and Financial Affairs Deputyship: Handles the management of bank accounts, payment of bills, and property matters.
• Personal Welfare Deputyship: Makes decisions about medical treatment and living arrangements.

The court only appoints a deputy when there’s no valid Lasting Power of Attorney (LPA) or Enduring Power of Attorney (EPA) in place and the individual has lost capacity.

Who can submit a deputyship order application?

Applications can be made by:

• Close relatives.
• Friends.
• Professional deputies (such as solicitors, panel deputies or local authority representatives)

Applicants must be over 18 and deemed suitable by the court. Professional deputies are typically appointed in complex or high-value cases.

Steps to apply through the Court of Protection

1. Check mental capacity: A professional assessment must confirm the individual lacks capacity, in accordance with the Mental Capacity Act 2005.
2. Gather required documents: This includes medical evidence, identity, and all financial information.
3. Complete application forms: These include COP1 (application form), COP3 (capacity assessment), COP4 (deputy’s declaration) and others based on the type of deputyship.  To make decisions on someone’s behalf of their property and finance, a COP1A form must be completed.
4. Notify relevant parties: You must inform a minimum of three relevant people and interested parties.
5. Submit to the Court of Protection: Send the completed documents and pay the applicable fee (currently £421).
6. Await court decision: The process can take several months. The court may request further information or a hearing.

What happens after the deputyship is granted?

Once appointed, a deputy must:

• Act in the best interests of the individual.
• Act in accordance with the Deputy Standards set by the Office of the Public Guardian.
• Keep accurate financial records.
• Report to the Office of the Public Guardian (OPG) annually.

Deputies may need to apply for a security bond and follow strict duties as outlined in the Mental Capacity Act 2005.

Case scenario

Emma applied for a deputyship order after her father suffered a stroke and lost capacity. With no LPA in place, she navigated the application process, secured medical evidence, and was appointed as a financial affairs deputy. Emma now manages her father’s bank accounts, pays bills, and liaises with care providers – all legally and with the court’s oversight.

Expert insights

Our lawyers highlight these essential tips for your deputyship order application:

• Start gathering documentation early – it speeds up the process.
• Professional advice helps avoid common mistakes in form submissions and can help submit the application online.
• Always inform the court if there’s a conflict among family members.

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.

Benefits and challenges of deputyship Orders

• Benefits:
  • Legal authority to manage an individual’s property and finances.
  • Structured oversight by the court and Office of the Public Guardian.
  • Suitable for complex care or financial needs.
• Challenges:
  • Time-consuming and costly process.
  • Ongoing duties and record-keeping requirements.
  • Emotional strain for family members.

For further information, see the UK Government’s deputyship guidance.

Deputyship order application – FAQs

What is a deputyship order application?

A deputyship order application is the process of asking the Court of Protection to appoint someone to make decisions on behalf of a person who lacks mental capacity.

How long does a deputyship application take?

It typically takes 6 to 8 months, but complex cases may take longer depending on court availability and document accuracy.

What documents are needed for a deputyship order application?

• COP1 – application form.
• COP3 – assessment of capacity.
• COP14 & COP15 – notification forms.
• COP1A – proof of ID and financial documentation.

Can a deputy make all decisions?

No, deputies are restricted to decisions outlined in their court order. Welfare deputies, for example, may not make decisions about life-sustaining treatment unless specified.

Is it better to have a Lasting Power of Attorney?

Yes. An LPA is quicker, cheaper, and gives individuals more control. A deputyship is a backup when no LPA exists and capacity is already lost.

This article was produced on the 22nd October 2025 for information purposes only and should not be construed or relied upon as specific legal advice.