Download and fill in: an application form (COP1) - send the original and 2 copies an assessment of capacity form (COP3) - get the person’s doctor or other medical professional to fill in the relevant parts, and send the original and a copy You may also need to download and fill in: supporting information for property and financial affairs decisions (COP1A) - include any other relevant details by sending a completed witness form (COP24) with your application supporting information for personal welfare applications (COP1B) - send the original and a copy You must pay £371 to apply. You can apply for help paying the fee if you’re getting certain benefits or on a low income. Send a cheque made payable to ‘HM Courts and Tribunals Service’ with your completed forms. Court of Protection PO Box 70185 First Avenue House 42-49 High Holborn London WC1A 9JA Read the application form guidance notes (COP1) if you need help. What happens next You must tell: the person you’re applying to get a one-off decision for people connected to the application Tell them after you apply .

Tell other people you've applied

The Court of Protection will send you a copy of your application forms - they’ll be stamped with an issue date. You’ll also get a letter from the court telling you what to do next. You must tell (‘serve’) certain people about the application within 14 days of the issue date. Tell the person you’re applying to get a one-off decision for You or your representative must visit the person and tell them: who’s applying to get a one-off decision about their personal welfare or property and financial affairs that their ability to make decisions is being questioned what the one-off decision would mean for them where to get advice if they want to discuss the application You must give the person: a completed form COP 14 - use the guidance notes to fill it in yourself an acknowledgment form (COP5) , so they can confirm they’ve been told any other documents related to your application The person can get advice and assistance from the Court of Protection. Court of Protection courtofprotectionenquiries@justice.gov.uk Telephone: 0300 456 4600 Find out about call charges Tell people connected to the application You must tell people named on your application that it’s been issued. Send them: a notice that an application form has been issued (COP15) an acknowledgment form (COP5) so they can confirm they’ve been told any other documents related to your application You can tell them: by post by fax or email in person Confirm you’ve told people (‘served notice’) You must confirm you’ve told people within 7 days of sending the forms. Download and fill in both: form (COP20A) for the person you’re applying to get a one-off decision for form (COP20B) for other people named in the application These forms are sometimes called ‘certificates of service’. You must send both forms to the Court of Protection at the same time. Court of Protection PO Box 70185 First Avenue House 42-49 High Holborn London WC1A 9JA

You’ll hear from the Court of Protection after you’ve ‘ served notice ’ (told other people you’ve applied). The court will tell you if: your application’s been approved or rejected 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 make a decision, and when and where it’ll take place If there’s a hearing You must attend the hearing. You’ll get a letter with a hearing date (‘notice’) if the court decides to have a hearing. You must tell the person you’re getting a decision for about the hearing: within 14 days of getting the notice at least 14 days before the date of the hearing Fill in the notice about proceedings (COP14) and give it to the person you’re getting a decision for. Use the guidance notes if you need help. The person can contact the Court of Protection for advice and assistance - you must explain this to them. Court of Protection courtofprotectionenquiries@justice.gov.uk Telephone: 0300 456 4600 Find out about call charges Send a certificate of service (COP20A) to the Court of Protection within 7 days of when you told the person. You must pay £500 if the court makes a final decision at the hearing. Get a decision If there’s a hearing, you’ll get a decision at it or afterwards by post. You’ll get a decision by post if there is not a hearing. Challenge a decision You can apply to the court for the decision to be reconsidered if it was made without a hearing - use form (COP9) . You must apply within 21 days of the date the decision was made. Appeal a decision You must ask for permission to appeal if there was a hearing. Download and fill in the appellants’ notice (COP35) . You must pay £230. You can apply for help paying the fee if you’re getting certain benefits or on a low income.

Apply for a one-off decision from the Court of Protection

Overview

Apply to the Court of Protection if both of the following apply:

you’re concerned about the personal welfare or property and financial affairs of someone who’s lost mental capacity
you want to get a one-off decision, for example to stop someone visiting a person who’s lost mental capacity in a nursing home

You can only apply to the court if there’s a major disagreement about a serious decision which cannot be agreed any other way. There are general rules and examples in the Mental Capacity Act 2005 Code of Practice.

Check if someone has an attorney or deputy acting for them before you apply.

If there’s an immediate risk to the person

Apply for an emergency or urgent court order if you think there’s an immediate risk to the person, for example they need emergency medical treatment they cannot consent to.

If the person needs long-term help

You may have to apply to become a deputy if the person needs long-term help with decisions about personal welfare or property and financial affairs.

View a printable version of the whole guide

Apply for a one-off decision from the Court of Protection

Overview

If there’s an immediate risk to the person

If the person needs long-term help

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Apply for a one-off decision from the Court of Protection

Overview

If there’s an immediate risk to the person

If the person needs long-term help

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