Guidance

Court of Protection: personal welfare application (COP GN4)

When and how to make a ‘personal welfare application’ for the power to make a decision for someone who lacks mental capacity.

Documents

Making a personal welfare application to the Court of Protection (COP GN4)

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Details

This guidance explains how to use the 5 principles of the Mental Capacity Act to make decisions about the health and welfare of someone who lacks mental capacity.

It also explains that you may need to make a ‘personal welfare application’ to the Court of Protection, for example, if:

  • a decision concerns treatment to which the person cannot consent
  • a decision is difficult or complex
  • someone disagrees with a course of action
  • the person needs ongoing help with decisions relating to personal health and welfare

You might be able to apply for help with Court of Protection fees.

Published 1 December 2017