You can apply to the Court of Protection to get an urgent or emergency court order in certain circumstances, eg when someone’s life or welfare is at risk and a decision has to be made without delay. If the court agrees, you’ll be able to make the necessary decision on behalf of the person who lacks mental capacity.

You won’t get a court order unless the court decides it’s a serious matter with an unavoidable time limit.

Apply for an urgent interim order

You can make an urgent application (sometimes called an ‘interim application’) if you’re applying or have applied to become the other person’s deputy, but your deputyship hasn’t been approved yet and you need to make a specific decision on the other person’s behalf immediately.

The urgent application must be for a specific decision that needs to be made without delay, eg to get money from the person’s bank account to pay outstanding nursing home fees.

You must fill in an application notice (COP9) and send the original and one copy to the court. Include 2 copies of any relevant evidence, eg accounts, an invoice from a nursing home.

If you haven’t applied to become a deputy yet, include your interim application with your main application.

There’s no fee for an interim application.

Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn

You can also take your application in person to the public counter of the Court of Protection.

Apply for an emergency order

You can make an emergency application if you need a court order for a decision in a very serious situation, eg to stop someone who lacks mental capacity from being removed from where they live or to give them treatment for a serious medical problem.

Apply by contacting the Court of Protection. Ask to speak to the urgent business officer when you call. They will discuss the matter with you and arrange to receive your application so it can be considered by a judge.

Emergency applications
Telephone: 0300 456 4600
Monday to Friday, 10am to 4pm
Find out about call charges

Out-of-hours emergency applications
Telephone: 020 7947 6000
Find out about call charges

You can also take your emergency application to the public counter of the Court of Protection.