How to Apply for Deputyship
When someone loses capacity without an LPA, deputyship is the legal route to managing their affairs — but the process is lengthy and complex.
Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed
When someone loses mental capacity and there is no Lasting Power of Attorney in place, the family has no automatic legal authority to manage their affairs. Bank accounts may be frozen, bills go unpaid, and care arrangements cannot be formalised. The only legal route forward is to apply to the Court of Protection for a deputyship order. This guide explains how the application works, what forms are involved, how long it takes, and what happens once a deputy is appointed. It applies to England and Wales only.
At a glance
- Deputyship is needed when someone loses mental capacity without an LPA in place — it is the only legal route to managing their affairs
- The application requires several forms (COP1, COP3, COP4, COP24), a capacity assessment, and a £371 court fee
- The process typically takes 6–12 months from submission to receiving the court order
- Once appointed, deputies face ongoing OPG supervision (£320/year), a security bond, and mandatory annual financial reporting
When Is Deputyship Needed?
Deputyship becomes necessary when a person has lost mental capacity and has not made a Lasting Power of Attorney. This can happen following a stroke, a serious accident, a diagnosis of dementia, or any other condition that affects the ability to make decisions. Without an LPA, nobody — not even a spouse or adult child — has automatic legal authority to manage that person’s financial affairs or make welfare decisions on their behalf.
Understanding what happens when someone loses capacity without an LPA makes clear why this situation is so serious. Bills, care fees, and financial commitments do not pause while the family navigates the court process. In the meantime, the family can find themselves legally powerless.
Important: An LPA can only be created while the person still has mental capacity. Once capacity is lost, deputyship is the only option. It is slower, more expensive, and far more complex.
Two Types of Deputyship
There are two distinct types of deputyship, broadly mirroring the two types of LPA:
Property & Financial Affairs Deputy
This is by far the most common type. A property and financial affairs deputy manages the person’s finances: bank accounts, bills, benefits, pensions, investments, property, and tax. This is what most families need when someone loses capacity unexpectedly.
Personal Welfare Deputy
A personal welfare deputy makes decisions about the person’s healthcare, living arrangements, and day-to-day care. These appointments are rare. The court prefers to make specific one-off welfare decisions rather than grant broad ongoing authority over welfare matters.
The Application Forms
A deputyship application involves several official forms, all of which must be completed correctly and submitted to the Court of Protection. The core forms are:
- COP1 — the main application form, setting out who is applying, for whom, and why
- COP1A — additional information required for property and financial affairs applications
- COP1B — additional information required for personal welfare applications
- COP3 — the assessment of mental capacity, which must be completed by a qualified professional such as a GP, consultant, or registered social worker
- COP24 — a witness statement supporting the application, setting out the circumstances and why the appointment is needed
- COP4 — the deputy’s declaration, confirming they understand their duties and agree to comply with the court’s requirements
Additional supporting documents may be required depending on the circumstances, including evidence of the person’s financial situation and details of any other interested parties.
Who Can Apply for Deputyship?
Any adult who is suitable and willing to act as deputy can apply. In practice, the most common applicants are:
- Family members — a spouse, adult child, sibling, or other close relative is the most common choice
- Close friends — where no family member is willing or able to act
- Solicitors or professional deputies — where the estate is complex, family relationships are difficult, or no suitable lay person is available
- Local authority — in cases where no private individual is suitable or willing, the local authority may apply to act as deputy
The court considers the suitability of the proposed deputy, the wishes of the person lacking capacity (to the extent they can be ascertained), and the views of any other interested parties. The court will not automatically appoint the first person to apply.
Step-by-Step: The Application Process
Obtain a mental capacity assessment (COP3)
Before applying, you need written confirmation that the person lacks capacity for the relevant decisions. A suitably qualified professional — usually a GP, psychiatrist, or registered social worker — must complete the COP3 assessment form. There is typically a fee for this, ranging from around £100 for a GP to considerably more for a specialist.
Complete the application forms
Fill in the COP1 (main application), COP1A or COP1B (depending on the type of deputyship), COP24 (witness statement), and COP4 (deputy’s declaration). These forms are detailed and require accurate financial information, personal details about the person lacking capacity, and a clear explanation of why the appointment is needed.
Notify relevant people
You are required to formally notify the person who lacks capacity about the application (using form COP14) and to notify close family members (typically spouse, adult children, siblings). These individuals have the right to object to the application. Notification must follow the court’s rules on timing and method of service.
Submit the application and pay the fee
The completed forms are submitted to the Court of Protection along with the application fee of £371. The court reviews the paperwork and may request further information or clarification before proceeding.
Await the court’s decision
If there are no objections and the court is satisfied with the application, it will issue a deputyship order. Most straightforward applications take between 6 and 12 months. Complex cases, disputed applications, or those requiring a hearing can take considerably longer.
What Happens While You Are Waiting?
One of the most difficult aspects of the deputyship process is the waiting period. During those months between submitting the application and receiving the court order, nobody has legal authority to manage the person’s finances. However, there are some limited options:
- Interim orders — in urgent situations, the court can issue an interim deputyship order allowing specific actions to be taken immediately, such as accessing a bank account to pay care fees
- Local authority support — if the person is in care, the local authority may be able to assist with some financial management in the short term, particularly around care costs
- Benefits payments — DWP can appoint an “appointee” to manage state benefits without a court order, which can provide some immediate relief
- Banks and third parties — some banks will make limited emergency provisions but are generally restricted until legal authority is confirmed
After Appointment: Ongoing Obligations
Being appointed as a deputy is not a one-off event. Deputies take on ongoing legal responsibilities and are actively supervised by the Office of the Public Guardian (OPG). Key ongoing obligations include:
- OPG supervision — deputies are assigned a supervision level and pay an annual supervision fee (currently £320 per year for general supervision). The OPG monitors the deputy’s actions and can investigate concerns
- Security bond — most property and financial affairs deputies are required to take out a security bond (a form of insurance) to protect the person’s assets against mismanagement. The annual premium depends on the value of the estate
- Annual report and accounts — property deputies must submit a detailed annual report to the OPG covering all financial transactions, income, expenditure, and the current value of the estate
- Compliance with the court order — deputies must act strictly within the scope of their court order and must return to court for approval of any action not covered by it
A Real-Life Example
Patricia was 79 when she was diagnosed with vascular dementia. She had never made a Lasting Power of Attorney. Her son David, who lived nearby and had been helping with her care, went to her bank to pay her utility bills — and was told he had no authority to access her account.
David applied for property and financial affairs deputyship. He obtained the COP3 assessment from Patricia’s GP, completed the forms with help from a solicitor, notified Patricia’s other children, and submitted the application. The court issued a limited interim order after eight weeks, allowing David to pay Patricia’s care home fees while the full application was processed. The deputyship order itself arrived nine months after the initial submission.
David now submits an annual financial report to the OPG and pays a supervision fee each year. He has reflected that, had Patricia made a Property & Financial Affairs LPA years earlier, none of this would have been necessary.
Key point: The comparison between deputyship and an LPA is stark. An LPA costs £92 to register and requires no ongoing supervision. Deputyship involves months of waiting, thousands in fees, and annual obligations indefinitely.
Prevention is better than cure. A properly drafted LPA can prevent many of these problems. Learn how our service works or see pricing.
Key Takeaways
- Property and financial affairs deputyship is by far the most common — welfare deputyship is rare because the court prefers to make one-off welfare decisions directly
- You can apply without a solicitor but many families use one — the forms are complex and mistakes can delay the process by months; solicitor fees typically range from £1,500 to £3,500
- Interim orders are available for emergencies — if urgent access to funds is needed (e.g. care home fees), the court can issue a limited order while the full application is processed
- Deputies have ongoing legal obligations — annual supervision fees, a security bond, and detailed financial reporting are required for as long as the person lacks capacity
- An LPA created in advance avoids all of this — at £92 to register with no ongoing supervision, the difference in cost, time, and stress is enormous
Frequently Asked Questions
Can I apply for deputyship myself?
Yes, you can apply for deputyship without a solicitor. The application forms are available from the Court of Protection and can be completed by a family member. However, the forms are lengthy and complex, and mistakes can cause delays. Many families choose to use a solicitor to reduce the risk of errors, particularly if the estate is large or the family situation is complicated.
How long does a deputyship application take?
A deputyship application typically takes between 6 and 12 months from submitting the forms to receiving the court order, though complex or contested cases can take longer. During this time, no one has legal authority to manage the person’s financial affairs unless the court issues an interim order.
What is the difference between property and welfare deputyship?
A property and financial affairs deputy manages the person’s finances, including bank accounts, bills, investments, and property. A personal welfare deputy makes decisions about healthcare and living arrangements. Property deputyship is by far the more common of the two. The court is generally reluctant to appoint welfare deputies and prefers to make one-off welfare decisions directly.
Do I need a solicitor to apply for deputyship?
No, you are not legally required to use a solicitor. However, the application involves several complex forms, strict deadlines, and legal obligations. Many families find professional help worthwhile, especially for larger estates. Solicitor fees for a deputyship application typically range from £1,500 to £3,500.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Official resources from GOV.UK
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