Who can apply to be a deputy

You can apply to be a deputy if you’re 18 or over. Deputies are usually close relatives or friends of the person who needs help making decisions. If you want to become a property and affairs deputy, you need to have the skills to make financial decisions for someone else. The court can appoint 2 or more deputies for the same person. When there’s more than one deputy When you apply, tell the court how you’ll make decisions if you’re not the only deputy. It will be either: together (‘joint deputyship’), which means all the deputies have to agree on the decision separately or together (‘jointly and severally’), which means deputies can make decisions on their own or with other deputies Other types of deputy Some people are paid to act as deputies, for example accountants, solicitors or representatives of the local authority. The Court of Protection can appoint a specialist deputy (called a ‘panel deputy’ ) from a list of approved law firms and charities if no one else is available.

As a deputy, you’re responsible for helping someone make decisions or making decisions on their behalf. You must consider someone’s level of mental capacity every time you make a decision for them - you cannot assume it’s the same at all times and for all kinds of things. You’ll get a court order from the Court of Protection which says what you can and cannot do. There are also general rules and examples in the Mental Capacity Act 2005 Code of Practice , and you’ll need to meet standards for deputies . Guidance for all deputies When you’re making a decision, you must: make sure it’s in the other person’s best interests consider what they’ve done in the past apply a high standard of care - this might mean involving other people, for example getting advice from relatives and professionals like doctors do everything you can to help the other person understand the decision, for example explain what’s going to happen with the help of pictures or sign language add the decisions to your annual deputy report You must not: restrain the person, unless it’s to stop them coming to harm stop life-sustaining medical treatment take advantage of the person’s situation, for example abuse them or profit from a decision you’ve taken on their behalf make a will for the person, or change their existing will make gifts unless the court order says you can hold any money or property in your own name on the person’s behalf Property and affairs deputies You must make sure: your own property and money is separate from the other person’s you keep records of the finances you manage on their behalf in your annual deputy report You may need to manage a Court Funds Office account on the other person’s behalf. You could be fined or sent to prison for up to 5 years (or both) if you mistreat or neglect the person on purpose.

Apply to be a personal welfare deputy

You need to download and fill in all of the following: an application form (COP1) - you’ll need to send the original form plus a copy when you apply an assessment of capacity form (COP3) a deputy’s declaration (COP4) a supporting information form (COP1B) You must name at least 3 people in your application who know the person you’re applying to be deputy for. For example, their relatives, a social worker or doctor. The court may not accept your application if you do not send the ‘assessment of capacity’ (COP3) form. If you cannot get an assessment, you must download and fill in a witness statement (COP24) to explain why you think the person you’re applying about lacks capacity. You should keep a copy of every form you fill in. Where to send your forms You’ll need to pay the application fee with a cheque. Send the forms, including 2 copies of the application form (COP1) and the cheque to the Court of Protection. Court of Protection PO Box 70185 First Avenue House 42-49 High Holborn London WC1A 9JA Tell people named in your application The court will aim to send you a stamped copy of your application within a week of receiving it. This means your application is being considered (it has been ‘issued’). You’ll be sent a letter explaining what to do next. Within 14 days of the application being issued, you must tell (sometimes called ‘serving’) the following people: the person you’re applying to be a deputy for at least 3 people named in your application as having an interest, for example the person’s relatives, social worker or doctor If you cannot tell 3 people you should send in a witness statement (COP24) . Tell the person you’re applying to be a deputy for You or your representative must visit the person and tell them: who’s applying to be their deputy that their ability to make decisions is being questioned what having a deputy would mean for them where to get advice if they want to discuss the application During the visit give them: a completed notice about proceedings (COP14) - use the guidance notes to fill this in yourself an acknowledgment form (COP5) - they’ll need to complete this if they want to give their opinion on the application or provide evidence for or against it any other documents related to your application Tell people connected to your application You must tell 3 people named on your application that it has been issued. Send them: a notice that an application form has been issued (COP15) an acknowledgment form (COP5) - they’ll need to complete this if they want to give their opinion on the application or provide evidence for or against it any other documents related to your application You can tell them: by post to their home address by email in person Confirming that you’ve told people (‘served notice’) Within 7 days of serving the documents, you must download and fill in the relevant forms (sometimes called ‘certificates’) confirming you’ve told: the person you’re applying to be deputy for - fill in a certificate of notification (COP20A) the other people named in the application - fill in a certificate of service (COP20B) Send them all together to the Court of Protection. Court of Protection PO Box 70185 First Avenue House 42-49 High Holborn London WC1A 9JA After your application is reviewed The Court of Protection will not review your application until 14 days after you told the other people involved. This is to give them a chance to object. The Court of Protection will then review your application and tell you if: your application has been approved or rejected you’ll need to pay a fee to set up a security bond before you can be appointed 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 get more information, for example if someone objected If you’re asked to a hearing You’ll get a notice with the date of the hearing if the court decides to hold one. You must visit the person you want to be deputy for and tell them about it: within 14 days of getting the notice at least 14 days before the date of the hearing Give them a completed notice about proceedings (COP14). Use the guidance notes to fill it in. You must explain that they can contact Court of Protection staff for advice and assistance. Court of Protection courtofprotectionenquiries@justice.gov.uk Telephone: 0300 456 4600 Find out about call charges When you’ve told them, send a certificate of service (COP20A) to the Court of Protection within 7 days. You’ll need to pay a fee if the court makes a final decision at the hearing. The guidance explains what to expect from a Court of Protection hearing .

Apply to be a property and financial affairs deputy

To apply to be a property and financial affairs deputy you need to: Tell the person you’re applying to be a deputy for. Ask them to complete the relevant forms. Tell at least 3 people connected to your application. Ask them to complete the relevant forms. Complete the remaining forms. Submit the forms online or by post. There’s different guidance if you’re a legal professional . Tell the person you’re applying to be a deputy for You or your representative must visit the person and tell them: who’s applying to be their deputy that their ability to make decisions is being questioned what having a deputy would mean for them where to get advice if they want to discuss the application During the visit you must give them: an application notification and acknowledgement form (COP14PADep) - you’ll need to complete the notification part of the form and they can complete the acknowledgement part if they’re able an acknowledgment form (COP5) - if they are able to, they’ll need to complete this if they want to object to the application or provide evidence against it any other documents related to your application If they’re able, they should complete the form within 14 days. If they’re not able to, you can send the application and notification form (COP14PADep) back with just the notification parts filled in. Tell people connected to your application You must tell at least 3 people who know the person you’re applying to be deputy for about your application. For example, the person’s relatives, social worker or doctor. Send them: a notice that an application form will be issued (COP15PADep) an acknowledgment form (COP5) - they’ll need to complete this if they want to object to the application or provide evidence against it any other documents related to your application You can tell them: by post to their home address by email in person If you cannot tell 3 people you should send a witness statement (COP24) to the Court of Protection with your other forms. They need to return the forms to you within 14 days of receiving them. If you have not received the forms in 14 days, you can then apply without them. Complete the forms The forms you need to fill in depend on whether you’re submitting the forms online or by post. You must complete and send the forms within 3 months of telling the people connected to your application. If you do not, you must start the process again. You should keep a copy of every form you fill in for your own records. All applicants need to complete: a supporting information form (COP1A) an assessment of capacity form (COP3) a deputy’s declaration (COP4) an acknowledgment form (COP5) , if it was returned to you The court may not accept your application if you do not send the ‘assessment of capacity’ (COP3) form. If you cannot get an assessment, you must download and fill in a witness statement (COP24) to explain why you think the person you’re applying about lacks capacity. If you’re submitting online If your representative notified the person about your application, you’ll need to submit an application notification and acknowledgement form (COP14PADep) . If you notified the person about your application yourself, you do not need to submit any extra forms. If you’re submitting by post You also need to send: an application form (COP1) - you’ll need to send the original form plus a copy an application notification and acknowledgement form (COP14PADep) Submit your forms online You’ll need a debit or credit card to pay the fee. Find out how much you’ll need to pay . Start now There’s a different service if you’re a legal professional . Submit your forms by post Send the forms to the Court of Protection with a cheque for the application fee. Find out how much you’ll need to pay . Court of Protection PO Box 70185 First Avenue House 42-49 High Holborn London WC1A 9JA After you’ve applied The Court of Protection will review your application and tell you if: your application has been approved or rejected you need to set up a security bond before you can be appointed - find out how much you’ll need to pay you have to provide more information to support your application, for example a report from social services There’s usually no hearing for property and financial affairs deputy applications. If there is one, you’ll have to pay a fee. Find out how much you’ll need to pay . The guidance explains what to expect from a Court of Protection hearing . If you need help or support You can contact the Court of Protection. Court of Protection courtofprotectionenquiries@justice.gov.uk Telephone: 0300 456 4600 Monday to Friday, 9am to 5pm Find out about call charges

You must pay: a fee to apply to be a deputy a supervision fee every year after you’ve been appointed You may also have to pay to set up a ‘security bond’ before you can be appointed as a property and affairs deputy. When you apply You must pay a £408 application fee. If you’re submitting your forms by post, include a cheque payable to ‘HM Courts and Tribunals Service’. If you’re submitting your forms online, you can pay with a debit or credit card. You need to pay the application fee twice if you’re applying to become both types of deputy . You’ll also need to pay £494 if the court decides your case needs a hearing. The court will tell you when you need to pay this. Security bonds for property and affairs deputies You may have to pay to set up a ‘security bond’ before you can be appointed as a property and affairs deputy. This is a type of insurance that protects the finances of the person you’re a deputy for. You do not have to set up a bond if either: you’re representing a local authority the court decides it’s not necessary, for example if the person’s estate has a low value If you need to set one up, you’ll get a letter from the court telling you this. The letter will explain what to do next. You set up the bond with a security bond provider. The amount you pay depends on: the value of the estate of the person you’re a deputy for how much of their estate you control You can pay it either: using the person’s money yourself - you can get the money back from the person’s estate once you have access to it You may be prosecuted if you misuse the person’s money. After you’ve been appointed You must pay an annual supervision fee depending on what level of supervision your deputyship needs. You’ll pay: £320 for general supervision £35 for minimal supervision - this applies to some property and affairs deputies managing less than £21,000 Your annual supervision fee is due on 31 March for the previous year. You’ll also need to pay a £100 assessment fee if you’re a new deputy. The Office of the Public Guardian will tell you how and when to pay your assessment and supervision fees. You may be able to claim a refund of your fees in certain situations. Getting help with your application fee You may not have to pay an application fee depending on: what type of deputy you’re applying to be how much money you or the person you’re applying to be deputy for has Type of deputy Whose finances will be assessed Property and financial affairs Theirs Personal welfare Yours The guidance has information about getting help with your fees . You can claim back the fee from the funds of the person you want to be a deputy for if you’re applying to be a property and affairs deputy. The fee will be refunded if the person dies within 5 days of the Court of Protection receiving the application. Getting help with your supervision fees You can apply for an exemption or reduction of the fee if the person you’re a deputy for gets certain benefits or has an income below £12,000. Read the guidance that comes with the form and apply if the person meets the requirements. The address is on the form. If the person you’re deputy for dies, you pay the supervision fee for the part of the year when you acted as deputy. For example, you’ll have to pay £17.50 if your minimal supervision deputyship comes to an end after 6 months.

When you're appointed

You’ll be sent a ‘court order’ telling you what you can and cannot do as a deputy. When you have this, you can start acting on the person’s behalf. You’ll be sent the court order: as soon as you’re appointed - if you’re a personal welfare deputy after you set up a security bond - if you’re a property and affairs deputy and have been asked to do this by the court You’ll need a separate court order before you can: sell a property that’s jointly owned if you’re a property and affairs deputy make a one-off decision on anything else that’s not covered by the court order Check the court order. If there are any mistakes, download and fill in form COP9 with the details and send it to the court within 21 days of receiving the court order. There is no fee. Tell people and organisations you’re a deputy You’ll get official copies of the court order to send to banks and building societies, for example. These prove you’re acting on behalf of the other person. When you send out an official copy, ask for it to be returned. Order extra copies of the court order by writing to the Court of Protection. They cost £5 each. Court of Protection PO Box 70185 First Avenue House 42-49 High Holborn London WC1A 9JA Start managing a bank account Before you can manage an account, you must show the bank: the original court order, or an official copy of it proof of your name, for example your passport or driving licence proof of your address, for example a gas, electricity or Council Tax bill, or letter from a government department proof of the name or address of the person you’re applying to be deputy for - if they’re not the same as on the bank account Court Funds Office accounts If the person you’re deputy for has money in a Court Funds Office account , you’ll be sent information about how to access it. You can also apply to open an account with the Court Funds Office if you’re a property and affairs deputy and it’s in the person’s best interests. Record your decisions and transactions You can start your annual deputy report to record your decisions and transactions, such as paying bills.

Supervision, support and visits

As a deputy, you’ll be supervised by the Office of the Public Guardian ( OPG ). They are authorised to contact you or visit you to check you’re meeting their standards for deputies . They can also give you advice and support. If you fail to meet their standards, OPG might ask the court to stop you being a deputy. How you’ll be supervised New deputies get a ‘general’ level of supervision for their first year. After that, if you’re a property and affairs deputy you’ll move to ‘minimal’ supervision if both: you’re managing less than £21,000 you no longer need a general level of supervision You’ll pay a lower fee and have to write a shorter annual deputy report than deputies with general supervision. Supervision visits You may be visited by a Court of Protection visitor to check if you: understand your duties have the right level of support from OPG are carrying out your duties properly are being investigated because of a complaint The visitor will call you to arrange the visit and explain why they’re visiting. Contact OPG Tell OPG if you’re planning to make an important decision, for example you want to sell the property of the person you’re deputy for so they can move into a care home. Office of the Public Guardian customerservices@publicguardian.gov.uk Telephone: 0300 456 0300 Textphone: 0115 934 2778 Monday, Tuesday, Thursday, Friday, 9am to 5pm Wednesday, 10am to 5pm Find out about call charges Office of the Public Guardian PO Box 16185 Birmingham B2 2WH

Accounts, gifts and expenses

You must keep accounts and follow the rules for gifts and expenses if you’re acting as deputy for someone else. You must also record the transactions in your annual deputy report . Accounts As a property and affairs deputy, you must keep copies of: bank statements contracts for services or tradespeople receipts letters and emails about your activities as a deputy Gifts Your court order will say if you can buy gifts or give gifts of money on behalf of the other person, including donations to charities. It will also say if there’s an annual limit on how much money you can use for gifts. Gifts must be reasonable. You need to make sure any gifts do not reduce the level of care the person you’re deputy for can afford. You must apply to the Court of Protection if you want to make a one-off large gift for Inheritance Tax purposes, for example. Expenses You can claim expenses for things you must do to carry out your role as deputy, for example phone calls, postage and travel costs. You cannot claim: travel costs for social visits for the time spent carrying out your duties (unless you’re a professional deputy, for example a solicitor) You may be asked to give a detailed report of what you spent. You’ll have to pay the money back if the Office of the Public Guardian finds your expenses are unreasonable. They may ask the court to stop you being a deputy if they think you’ve been dishonest.

Complete your deputy report

You must write a report each year explaining the decisions you’ve made as a deputy. You might be asked to do this more often if the Office of the Public Guardian ( OPG ) needs additional information. You may also need to write a final report if you stop being a deputy. If you’re a public authority or professional deputy using the service for the first time, you need to contact your case manager to register first. If you’re a deputy for a friend or family member, you can create an account online. Start now Or you can download and fill in a paper annual report form . The address you need to send it to is on the form. What to include Your report must include: the reasons for your decisions and why they were in the best interests of the person you’re deputy for who you spoke to and why what they said was in the person’s best interests the finances of the person if you’re their property and financial deputy The OPG will tell you when it’s time to send it. If you do not send the report the OPG might: increase your level of supervision ask the court to replace you with a different deputy

Change your deputyship or make a one-off decision

You must apply to the Court of Protection if you have to: renew your deputyship change your deputyship, for example make decisions that are not in the original order make a one-off decision on something not covered by your court order How to apply Download and fill in both: an application form (COP 1) a witness statement form (COP24) with a copy of the current order appointing you as a deputy attached Your witness statement should include: the total annual income of the person you’re a deputy for including pensions a summary of their assets, for example bank balances, savings, investments details of property they own the annual cost of their care and other regular items of major expenditure the value of the security bond set by the court a description of the circumstances that have led to the application being made Send the Court of Protection: the completed forms a cheque for the application fee - £408 - payable to ‘HM Courts and Tribunals Service’ You can apply for help paying the fee if you’re getting certain benefits or on a low income. Court of Protection PO Box 70185 First Avenue House 42-49 High Holborn London WC1A 9JA If you need help with changing your deputyship, call the Court of Protection. Court of Protection Telephone: 0300 456 4600 Monday to Friday, 9am to 5pm Find out about call charges What happens next You may have to notify other people about the change to the court order if the court tells you to. They can object or ask the court to reconsider any proposed changes they do not agree with. They can do this: before the court order is issued up to 21 days after the court order is issued

If you no longer want or need to be a deputy, download and fill in the application notice (COP1) and send it to the Court of Protection . If the person has recovered mental capacity, download and fill in form COP 9 . Send it to the Court of Protection with any supporting evidence, for example a doctor’s letter. Court of Protection PO Box 70185 First Avenue House 42-49 High Holborn London WC1A 9JA You cannot stop being a deputy until you’ve got the relevant court order. If the person you’re deputy for dies Contact the Office of the Public Guardian ( OPG ) and the Court of Protection to tell them that the person has died. Office of the Public Guardian customerservices@publicguardian.gov.uk Telephone: 0300 456 0300 Textphone: 0115 934 2778 Monday, Tuesday, Thursday, Friday, 9am to 5pm Wednesday, 10am to 5pm Find out about call charges Court of Protection courtofprotectionenquiries@justice.gov.uk Telephone: 0300 456 4600 Monday to Friday, 9am to 5pm Find out about call charges You might get a letter from the OPG asking you to send evidence that the person has died, for example a death certificate. You can check the list of evidence the OPG accepts . Your security bond will remain in force for 2 years after the death of the person you’re a deputy for unless there’s a court order cancelling it. Contact the Court Funds Office if the person you were deputy for had an account with them. Read more about how to be a deputy .

Deputies: make decisions for someone who lacks capacity

Overview

You can apply to become someone’s deputy if they ‘lack mental capacity’. This means they cannot make a decision for themselves at the time it needs to be made. They may still be able to make decisions for themselves at certain times.

People may lack mental capacity because, for example:

they’ve had a serious brain injury or illness
they have dementia
they have severe learning disabilities

As a deputy, you’ll be authorised by the Court of Protection to make decisions on their behalf.

This guide is also available in Welsh (Cymraeg).

Types of deputy

There are 2 types of deputy.

Property and financial affairs deputy

You’ll do things like pay the person’s bills or organise their pension.

Personal welfare deputy

You’ll make decisions about medical treatment and how someone is looked after.

You cannot become someone’s personal welfare deputy if they’re under 16. Get legal advice if you think the court needs to make a decision about their care.

The court will usually only appoint a personal welfare deputy if:

there’s doubt whether decisions will be made in someone’s best interests, for example because the family disagree about care
someone needs to be appointed to make decisions about a specific issue over time, for example where someone will live

Read the full guidance about when you need to make a personal welfare application.

Becoming a deputy

You can apply to be just one type of deputy or both. If you’re appointed, you’ll get a court order saying what you can and cannot do.

When you become a deputy, you must send an annual deputy report to the Office of the Public Guardian (OPG) each year explaining the decisions you’ve made.

Apply to the Court of Protection if you need to change or renew your court order.

You’ll continue to be a deputy until your court order is cancelled or expires.

How to apply

Check you meet the requirements to be a deputy.

The application process is different depending on whether you’re:

You’ll also need to pay an application fee.

You do not need to be a deputy if you’re just looking after someone’s benefits. Apply to become an appointee instead.

Checks on your application

The Court of Protection will check:

whether the person needs a deputy or some other kind of help
there are no objections to your appointment

If you’re appointed, the Office of the Public Guardian will help you carry out your responsibilities.

Other ways to make decisions for someone

If you want to make a single important decision, you can apply to the Court of Protection for a one-off order.

If the person already has a lasting power of attorney (LPA) or enduring power of attorney (EPA), they do not usually need a deputy. Check if they have an LPA or EPA before you apply.

View a printable version of the whole guide

Deputies: make decisions for someone who lacks capacity

Overview

Types of deputy

Property and financial affairs deputy

Personal welfare deputy

Becoming a deputy

How to apply

Checks on your application

Other ways to make decisions for someone

Is this page useful?

Help us improve GOV.UK

Help us improve GOV.UK

Cookies on GOV.UK

Deputies: make decisions for someone who lacks capacity

Overview

Types of deputy

Property and financial affairs deputy

Personal welfare deputy

Becoming a deputy

How to apply

Checks on your application

Other ways to make decisions for someone

Related content

Is this page useful?

Help us improve GOV.UK

Help us improve GOV.UK