Court of Protection Deputyship Applications

When a loved one has no Last Power of Attorney in place, but can no longer manage their property and financial affairs or make decisions relating to their health and welfare, they will need someone to apply to the Court of Protection for a Deputyship Order.

At Culver Law, we have experience supporting individuals and families through the Deputyship application process. We understand that making decisions on behalf of a loved one can feel complex or unfamiliar.

If capacity is in question and you are unsure as to whether a Deputyship application is required, you can book in a brief and free-of-charge telephone call to discuss your situation further and we will be able to advise on the best options available to you.

Our role is to provide clear, practical advice to ensure each application is tailored to the person’s particular circumstances.

Supporting you though
the Deputyship Application process

Applying to the Court of Protection involves several stages and requires detailed preparation before an application for authority can be granted. We have experience advising on both family and professional Deputy appointments making us well-placed to guide you through the available options.

Culver law provides clear and experienced legal support in:

Advising on whether a Deputyship application is appropriate
Explaining who can act as a Deputy
Assisting with the preparation and completion of application forms
Arranging capacity assessments with suitable professionals
Guiding you through each stage of the process

Our goal is to ensure the process is as straightforward as possible while ensuring your loved one’s best interests remain central.

Deputyship applications require careful consideration of:

Who should be Deputy
The responsibilities of a Deputy
If a professional Deputy would be more appropriate
Long term implications of appointment
What authority a Deputy should be seeking (for example separate authority is required to sell or buy a property)

Preparing the application

Applying to the Court involves several stages and requires detailed preparation.

A capacity assessment is vital to the process and must be undertaken by a qualified professional to confirm that your loved one lacks capacity. At Culver Law we have a range of experts to assist with this.

The main forms required as part of the application include the following:

COP1 – application form
COP1A – financial information form
COP3 – capacity assessment form
COP4 – Deputy declaration
COP14PADep – notification form for the person the application relates to
COP15PADep – notification form for individuals who have an interest in the application

The court will take the time to consider the application and assess the suitability of the deputy for the role. Court timescales can vary and it may take several months for an application to be considered and approved.

Who can act as a Deputy?

A deputy is typically an individual appointed to legally manage the property and financial affairs or personal welfare of someone who has been assessed to lack the mental capacity to make those specific decisions.
A deputy is responsible to always ensure the persons best interests are taken into consideration and their role is limited to what is set out in the Court Order.

To act as deputy, you must be over 18 with mental capacity to make the decisions yourself.

If you are unsure who should be appointed as Deputy, our professionals can advise you based on your individual circumstances so you can make the decision that is right for you.

Ongoing duties and responsibilities once a Deputyship is granted

Following the appointment of a Deputy, there are important steps which must be taken to ensure compliance with the Court Order.

Deputies are required to follow the standards set by the Office of the Public Guardian (OPG) and must ensure that all decisions are made according to your loved one’s best interests, considering their wishes and feelings wherever possible.

The OPG is the supervisory body for all deputies and ensures that all deputies are acting in accordance with the Mental Capacity Act 2005.
We are available to provide ongoing advice and support to help you carry out your role with confidence.

Our professionals can provide further advice on:

Understanding the terms of the Court Order
Managing finances and decision making
Ongoing responsibilities
Acting in compliance with the standards set by the Court and the OPG

Contact us

If you are considering applying for Deputyship, for yourself, a family member or with the support of a professional deputy,
we are here to help.

Here at Culver Law our professionals have a wealth of experience within Court of Protection work and professional Deputyship. Our team can guide you through each stage of the process.

Contact Culver Law on +44 (0) 207 846 5029 to book in an initial consultation to discuss your circumstances
and how we can support you.

Get in touch

T: 0207 846 5029
E: This email address is being protected from spambots. You need JavaScript enabled to view it.

Authorised and Regulated by the Solicitors Regulation Authority. SRA Number: 820401.

Registered Office
Hamilton House, 1 Temple Avenue, London
EC4Y 0HA
Company No. 13313009

Culver Law, London
Hamilton House, 1 Temple Avenue, London, EC4Y 0HA
0207 846 5029

Culver Law, Cambridge
9 Hills Road, Cambridge, CB2 1GE
01223 653010

Culver Law, St Albans
Fountain Court, 2 Victoria Square, Regus
St Albans, AL1 3TF
01727 322988

Any information on this website, whilst intended to be accurate, does not constitute legal advice.

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