How to Apply for Deputyship

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When someone lacks the mental capacity to make decisions about their health, finances and other important issues, a family member, friend or professional usually has to step in to help. Becoming a Court of Protection deputy can give you the legal authority to assist someone without mental capacity with key decisions, but there is a strict process you must follow to become a deputy.

In this blog, we explain key points, including when you need to apply for a deputyship, how to apply for deputyship, and how the application process works. We also cover some of the most frequently asked questions about Court of Protection deputyship.

Please note that this blog is for information purposes only and should not be taken as legal advice.

When do you need to apply for deputyship?

You may need to apply for a Court of Protection deputyship if a loved one has lost the mental capacity to make decisions about their personal affairs and they do not have a Lasting Power of Attorney (LPA) in place.

A deputyship may be appropriate where there is a need to make decisions about matters relating to a person’s health, welfare, finances and/or property.

You can apply to be a property and financial affairs deputy, personal welfare deputy, or both, depending on what support is required.

Who can apply to be a deputy?

Anyone over the age of 18 can apply to become a Court of Protection deputy, but the Court will only approve the application if they believe the applicant is suitable.

Deputies will usually have a close connection to the person they wish to support, for example, being a family member or friend. Alternatively, a deputy could be a professional, such as a solicitor.

The Court will need to be satisfied that the applicant is trustworthy and has the necessary skills to carry out the role.

How do you become a deputy?

To become a deputy, you must carry out the following steps:

Complete the required deputyship forms (see below for more detail).
Submit the forms to the Court of Protection.
Notify the person you are applying to be a deputy for and at least three people who have an interest in their wellbeing (e.g. their relatives or doctor).
Complete certification forms confirming you have notified the relevant people and submit these forms to the Court.

The Court will then review your application and either:

Grant the deputyship
Reject your application
Request additional information before making a decision
Ask you to attend a hearing to decide if the application should be granted

What forms are needed for a deputyship application?

Key forms you will need to complete to apply for deputyship may include:

COP1 – Covering details about the application, including your name, the name of the person you wish to act as a deputy for, and the type of deputyship you are seeking.
COP1A – To provide details about the person’s circumstances, income, capital, property and debts for a Property & Financial affairs deputyship application.
COP3 – An assessment of capacity form containing an expert opinion on the mental capacity of the person for whom you wish to act as deputy.
COP4 – The deputy’s declaration, covering your personal and financial circumstances, and how you would make decisions for the person you wish to support.
COP1B – A supporting information form covering any personal welfare decisions you wish to make for the person you are applying to support.
COP24 – A witness statement about the person whose deputy you are applying to become.
COP14 – A notice about proceedings form, which must be provided to the person whose deputy you wish to become.
COP15 – Confirming that notice has been issued to at least three ‘interested parties’ with a connection to the person you are applying with regard to.
COP5 – An acknowledgment form that the person you wish to support and/or the interested parties must fill in if they desire to give an opinion on the application or evidence to support or oppose it.
COP20A – A form confirming you have notified the proposed subject of the deputyship order.
COP20B – A form confirming you have notified at least three interested parties.

How much does a deputyship application cost?

You will need to pay an application fee of £421 and may need to pay an additional fee of £259 if a hearing is required (fees correct as of May 2026). If you need legal support, you will also need to cover solicitors’ fees for a deputyship application, which will depend on their level of expertise and how much support you require.

If the deputyship is granted, there will also be an annual supervision fee to pay, which is £320 in most cases, but a lower fee of £35 may be charged if the Court decides that only minimal supervision is required (fees correct as of May 2026).

How long does a deputyship application take?

It generally takes around 4-6 months for a deputyship application to be approved, but it can take longer if there are objections and if a hearing is required. Having a solicitor help with your application can potentially speed up the process by ensuring the forms are completed correctly, the proper process is followed and all necessary information is provided at the outset.

What happens after you become a deputy?

Once you have been appointed, you can immediately begin to assist the subject of the order with their decisions as set out in the deputyship order. You can only make such decisions as you are specifically empowered to deal with under the terms of the order and would need to make an additional application for any decisions outside of this scope.

You can notify any relevant people and organisations of the deputyship order, including the subject’s bank and their GP.

You will need to keep a record of any decisions you make and any money spent from the subject’s accounts.

You will have a legal duty to act in the subject’s best interests at all times and to make decisions based on your understanding of their preferences.

What are the ongoing reporting requirements?

You will need to create an annual report and submit this to the Office of the Public Guardian (OPG) for review. This report must include all decisions you have made in the previous year.

FAQs

Can I apply for deputyship myself?

Yes, you can apply for deputyship yourself, but you may benefit from having a legal expert assist you. Any mistakes in filling out the forms or following the process could delay granting of the deputyship or even see your application rejected. Having expert support can also help to demonstrate to the Court that you have access to the necessary skills to effectively manage a person’s affairs.

What if someone objects to my application?

If someone objects to a deputyship application, the Court will usually schedule a hearing to determine whether it should be granted. You and the objector will have the opportunity to state your cases and provide any supporting evidence. The Court will then make a determination about whether to approve the deputyship.

Do I need a solicitor to apply for deputyship?

There is no legal requirement to have a solicitor assist you with a deputyship application but it can help you to avoid the potential for mistakes and delays. A solicitor can potentially increase your chances of an application being granted, especially if there are complicating factors, such as significant financial assets or objections from interested parties that must be dealt with.

Speak to our Court of Protection solicitors

If you need any help with a Court of Protection application, please contact your local Devonalds office in Bridgend, Caerphilly, Church Village, Tylorstown, Tonypandy, Talbot Green, Treorchy or Pontypridd to talk to one of our expert South Wales Court of Protection solicitors today.

You can call us on 01443 779050 or use our simple contact form and we will get back to you as soon as possible.