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Court of Protection Forms Guide: COP1, COP3, COP4 Explained

Applying to the Court of Protection can feel overwhelming. With over 40 pages of forms, strict requirements, and technical legal language, it's no wonder many applications are returned for errors. This guide explains exactly which forms you need, what information is required, and how to avoid the most common mistakes.

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:

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:

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:

  1. Incomplete COP3 — The medical section isn't properly completed or signed
  2. Wrong notification forms — Using the wrong forms or failing to notify required people
  3. Missing financial information — COP1A doesn't include all assets or has blank sections
  4. Inconsistent information — Details in COP1 don't match those in COP1A or COP4
  5. Missing signatures — Forms not signed in the right places
  6. 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.

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Court Fees

The Court of Protection charges fees for applications:

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:

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:

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:

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.

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