Deputies: make decisions for someone who lacks capacity

4. Apply to be a deputy

You need to download and fill in:

If you can’t get a completed assessment of capacity form, download and fill in a witness statement (COP24) explaining why you:

  • haven’t been able to get one
  • think the person you want to be a deputy for lacks capacity

You should keep a copy of every form you fill in.

Where to send your forms

Send the originals to the Court of Protection with:

  • 2 copies of your application form
  • 1 copy of the other forms
  • a cheque for the application fee

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

Tell people named in your application

The court will aim to send you a stamped copy of your application within a week of receiving it. This means your application is being considered (it has been ‘issued’). You’ll be sent a letter explaining what to do next.

Within 14 days of the application being issued, you must tell (sometimes called ‘serving’) the following people :

  • the person you’re applying to be a deputy for
  • anyone named in your application as having an interest, for example the person’s relatives

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 give them:

Tell people connected to your application

You must tell people named on your application that it has been issued.

Send them:

You can tell them:

  • by post to their home address
  • by fax or email
  • in person

Confirming that you’ve told people (‘served notice’)

Within 7 days of serving the documents, you must download and fill in the relevant forms (sometimes called ‘certificates of service’) confirming you’ve told:

Send them all together to the Court of Protection - the address is on the forms.