The Court of Protection

The Court of Protection is a specialist court concerned with decisions relating to people lacking mental capacity. The Court can appoint deputies to make decisions on behalf of a person lacking capacity for 1) personal welfare which relates to decisions about medical treatment and care, and 2) property and financial affairs which relates to managing finances.

In order to apply for deputyship for a loved one, an application has to be made to the Court of Protection. It is possible for more than one person to apply / be appointed as a deputy. To apply to be a deputy, the relevant forms can be downloaded here.

An application for deputyship for property and financial affairs has more requirements than an application for personal welfare. The additional requirements are that the subject of the application be provided with COP14dep and COP5 forms, and that 3 people known to the person be informed of your decision to apply for deputyship. These extra measures are in place to safeguard the rights of the vulnerable person, particularly as finances are involved.

The COP3 form has 2 parts - part A for the applicant to complete, and Part B for the professional assessing mental capacity to complete. The said professional should either be a medical practitioner or social care professional.

If submitting the forms online they have to be completed in order; it is not possible to complete Part B if Part A is not completed first. Forms can be completed electronically or downloaded for completion and posted.