Apply for a property and financial affairs deputyship order

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Accepted Answer

Apply for a property and financial affairs deputyship order as a solicitor, professional, local authority or their representative

This guidance is for professional users only, find out how to apply to become a property of financial affairs deputy for yourself.

To apply to be a property and financial affairs deputy you need to:

Tell the person you’re applying to be a deputy for. Ask them to complete the relevant forms.
Tell at least 3 people connected to your application. Ask them to complete the relevant forms.
Complete the remaining forms.
Submit the forms online or by post.

Tell the person you’re applying to be a deputy for

You or your representative must visit the person and tell them:

who’s applying to be their deputy
that their ability to make decisions is being questioned
what having a deputy would mean for them
where to get advice if they want to discuss the application

During the visit you must give them:

the application notification and acknowledgement form (COP14PADep) - you’ll need to complete the notification part of the form and they can complete the acknowledgement part if they’re able
an acknowledgment form (COP5) - if they are able to, they’ll need to complete this if they want to object to the application or provide evidence against it
any other documents related to your application

If they’re able, they should complete the form within 14 days. If they’re not able to, you can send the application and notification form (COP14PADep) back with just the notification parts filled in.

Tell people connected to your application

You must tell at least 3 people who know the person you’re applying to be deputy for about your application. For example, the person’s relatives, social worker or doctor.

Send them:

a notice that an application form will be issued (COP15PADep)
an acknowledgment form (COP5) - they’ll need to complete this if they want to object to the application or provide evidence against it
any other documents related to your application

You can tell them:

by post to their home address
by email
in person

If you cannot tell 3 people you should send a witness statement (COP24) to the Court of Protection with your other forms.

They need to return the forms to you within 14 days of receiving them. If you have not received the forms in 14 days, you can then apply without them.

Forms you need to complete

The forms you need to fill in depend on whether you’re submitting the forms online or by post.

You must complete and send the forms within 3 months of telling the people connected to your application. If you do not, you must start the process again.

You should keep a copy of every form you fill in for your own records.

All applicants need to complete:

an assessment of capacity form (COP3)
a deputy’s declaration (COP4)
a supporting information form (COP1A) unless you answer the financial questions in the online form
an acknowledgment form (COP5), if it was returned to you

The court may not accept your application if you do not send the ‘assessment of capacity’ (COP3) form.

If you cannot get an assessment, you must download and fill in a witness statement (COP24) to explain why you think the person you’re applying about lacks capacity.

If you’re submitting online

Solicitors, those representing a local authority and other legal professionals are expected to submit their applications online.

If you have notified the person about your application, you’ll need to submit the application notification and acknowledgement form (COP14PADep).

If you’re submitting by post

You also need to send:

an application form (COP1) - you’ll need to send the original form plus a copy
the application notification and acknowledgement form (COP14PADep)

Submit your forms online

Solicitors, those representing a local authority and other legal professionals are expected to submit their applications online.

If you notified the person about your application yourself and the person has not returned the forms to you, you do not need to submit any extra forms as you’ll answer the service details online.

If an agent or other person notified the person about your application, or the person notified returned these to you, you’ll need to submit the application notification and acknowledgement form (COP14PADep)

You will need your HMCTS Payment by Account (PBA) number to pay. Find out how much you’ll need to pay

Submit your forms online

If you are submitting by post

You also need to send:

an application form (COP1) - you’ll need to send the original form plus a copy
the application notification and acknowledgement form (COP14PADep)

If you’re submitting by post, send the forms to the Court of Protection with a cheque for the application fee. Find out how much you’ll need to pay.

Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London
WC1A 9JA

After you’ve applied

The Court of Protection will review your application and tell you if:

your application has been approved or rejected
you need to set up a security bond before you can be appointed - find out how much you’ll need to pay
you have to provide more information to support your application, for example a report from social services

There’s usually no hearing for property and financial affairs deputy applications. If there is one, you’ll have to pay a fee. Find out how much you’ll need to pay.

The guidance explains what to expect from a Court of Protection hearing.

If you need help or support

You can contact the Court of Protection.

Court of Protection
courtofprotectionenquiries@justice.gov.uk
Telephone: 0300 456 4600
Monday to Friday, 9am to 5pm
Find out about call charges

Apply for a property and financial affairs deputyship order