What is the Court of Protection?
The Court of Protection is a specialist court that makes decisions about the financial affairs and personal welfare of people who lack the mental capacity to make those decisions themselves. The person who lacks capacity is referred to as "P" throughout the forms.
If you need to manage someone's finances, sell their property, or make welfare decisions on their behalf — and they don't have a valid Lasting Power of Attorney in place — you'll likely need to apply to become their deputy.
Which Forms Do You Need?
The forms required depend on what type of deputyship you're applying for. Here's a breakdown:
| Form | Name | Purpose | Who Completes It |
|---|---|---|---|
| COP1 | Application Form | Main application for deputyship or a one-off decision | You (the applicant) |
| COP1A | Annex A | Financial details for property and affairs applications | You (the applicant) |
| COP1B | Annex B | Details for personal welfare applications | You (the applicant) |
| COP3 | Assessment of Capacity | Medical assessment confirming P lacks capacity | Healthcare professional |
| COP4 | Deputy's Declaration | Your declaration and consent to act as deputy | You (proposed deputy) |
| COP24 | Witness Statement | Supporting statement explaining circumstances | You (the applicant) |
Notification Forms
You must also notify certain people about your application:
- COP5 — Acknowledgment of notification/service (given to people you notify)
- COP14 — Notice that an application has been issued
- COP15 — Notice to P that an application has been made
- COP20A/COP20B — Certificate of notification/non-notification
The COP3: Why It's Different
⚠️ Important: You Cannot Complete the COP3 Yourself
The COP3 is a mental capacity assessment. It must be completed by a qualified healthcare professional who has personally examined P. This includes GPs, social workers, community psychiatric nurses, clinical psychologists, or psychiatrists.
The COP3 assesses whether P lacks capacity to make the specific decisions covered by your application. The assessor must:
- Have personally examined P
- Have the knowledge and skills to assess capacity
- Confirm which decisions P lacks capacity to make
- Explain why the incapacity is likely to be permanent
If P's GP is willing to complete the COP3, they may charge around £150-£250. Private assessors typically charge £400-£600. You can search for qualified assessors through organisations like Nellie Supports or TSF Assessments.
Completing the COP1: Section by Section
Section 1: The Applicant
This is about you — the person making the application. You'll need your full name, address, date of birth, and relationship to P.
Section 2: About P
Details about the person who lacks capacity, including their living situation and any existing arrangements (like an existing deputy or attorney).
Section 3: The Application
What you're asking the Court to do. For most deputyship applications, you'll be asking to be appointed as P's deputy for property and financial affairs.
Section 4: Notification
Who needs to be told about your application. The Court requires you to notify P and certain family members. If someone shouldn't be notified, you must explain why.
Section 5: Declaration
Your confirmation that the information is true and that you understand your duties as a deputy.
COP1A: The Financial Details
For property and financial affairs deputyship, you must complete COP1A with details of P's:
Information You'll Need for COP1A
- Bank accounts and current balances
- Property ownership and estimated value
- Investments, shares, and savings
- Income (pensions, benefits, rental income)
- Debts and regular outgoings
- Care home fees or care costs
- Any existing Powers of Attorney
Common Reasons Applications Are Rejected
The Court of Protection returns many applications due to errors or missing information. The most common problems are:
- Incomplete COP3 — The medical section isn't properly completed or signed
- Wrong notification forms — Using the wrong forms or failing to notify required people
- Missing financial information — COP1A doesn't include all assets or has blank sections
- Inconsistent information — Details in COP1 don't match those in COP1A or COP4
- Missing signatures — Forms not signed in the right places
- Outdated forms — Using old versions of the forms
Struggling With COP Forms?
We review your forms, identify what's missing, and complete them for you. Document review from £125, full application packs from £250.
View Our COP ServicesCourt Fees
The Court of Protection charges fees for applications:
- Application fee: £371
- Annual supervision fee: £320 (once appointed)
ℹ️ Fee Exemptions
You may not have to pay fees if P:
- Receives certain means-tested benefits (Income Support, Universal Credit, Pension Credit Guarantee)
- Has savings and investments under £3,000
Complete form COP44A to apply for a fee exemption.
How Long Does It Take?
A straightforward deputyship application typically takes 16-20 weeks from submission to appointment. This includes:
- Initial processing: 2-4 weeks
- Notification period: 21 days minimum
- OPG assessment: 4-8 weeks
- Court decision: 4-6 weeks
If the application is contested or requires a hearing, it can take significantly longer.
What Happens After Appointment?
Once appointed as a property and financial affairs deputy, you must:
- Keep P's money separate from your own
- Keep accurate records of all transactions
- Submit annual reports to the Office of the Public Guardian (OPG)
- Act in P's best interests at all times
- Consider P's wishes and feelings where possible
The OPG supervises deputies and can investigate complaints or concerns about how a deputy is managing P's affairs.
Need Help With Your Application?
Court of Protection applications are complex, but you don't need a solicitor to complete them. If you're struggling with the forms, we can help:
- Document Review (£125): Send us what you've completed — we'll identify errors and missing information
- Single Form Completion (£95): We complete one form based on information you provide
- Application Pack (£250): We complete COP1, COP1A, and COP4 as a bundle
- Full Bundle (£400): All forms including COP24 witness statement and notification forms
We complete and review forms — you file them with the Court yourself. We're not solicitors and don't provide legal advice, but we can make sure your forms are completed accurately and consistently.