Deputies: make decisions for someone who lacks capacity

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Apply to be a personal welfare deputy

You need to download and fill in all of the following:

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

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.

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

Where to send your forms

Send the forms, including 2 copies of the application form (COP1), to the Court of Protection with 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
  • at least 3 people named in your application as having an interest, for example the person’s relatives, social worker or doctor

If you cannot tell 3 people you should send in a witness statement (COP24).

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 3 people named on your application that it has been issued.

Send them:

You can tell them:

  • by post to their home address
  • by 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.

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

After your application is reviewed

The Court of Protection will not review your application until 14 days after you told the other people involved. This is to give them a chance to object.

The Court of Protection will then 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
  • you have to provide more information to support your application, for example a report from social services
  • it’s going to hold a hearing to get more information, for example if someone objected

If you’re asked to a hearing

You’ll get a notice with the date of the hearing if the court decides to hold one. You must visit the person you want to be deputy for and tell them about it:

  • within 14 days of getting the notice
  • at least 14 days before the date of the hearing

Give them a completed notice about proceedings (COP14). Use the guidance notes to fill it in.

You must explain that they can contact Court of Protection staff for advice and assistance.

Court of Protection
courtofprotectionenquiries@justice.gov.uk
Telephone: 0300 456 4600
Find out about call charges

When you’ve told them, send a certificate of service (COP20A) to the Court of Protection within 7 days.

You’ll have to pay a fee if the court makes a final decision at the hearing.

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

View a printable version of the whole guide

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