Court of Protection
Deputy Applications
If someone you care for has lost mental capacity, we're here to help you understand your options and take the next step.
Applying for a Court of Protection Deputyship: A Step-by-Step Guide
If someone you care for can no longer manage their own affairs and hasn’t arranged a Power of Attorney, applying for a Deputyship is the way forward. Here’s what the process involves – and how we can help.
Do you need to apply for a Deputyship?
When someone loses the mental capacity to manage their own affairs, due to accident, illness, injury, or a learning disability, and no Lasting Power of Attorney is in place, the Court of Protection can appoint a Deputy to act on their behalf.
A Deputy can be a friend or family member (known as a Lay Deputy), or a professional such as a solicitor or accountant (a Professional Deputy). Either way, they are appointed by the court and must always act in the best interests of the person they represent.
The application process
Our Court of Protection team specialises in Property and Affairs Deputyships.
There are two types of Deputyship: Property & Financial Affairs, which covers all financial matters, and Health & Welfare, which covers decisions about medical treatment, care, and living arrangements.
01
Prepare the application
The application sets out the decisions that need to be made and includes detailed financial information and witness statements in support of the appointment.
02
Obtain a capacity assessment
Every application requires a formal capacity assessment, known as a COP3, completed by a qualified practitioner experienced in mental capacity assessments. This confirms the person cannot make the relevant decisions themselves. The application sets out the decisions that need to be made and includes detailed financial information and witness statements in support of the appointment.
03
Serve notice on relevant parties
The Court requires you to notify at least three people with a potential interest in the application, typically close family members not applying as Deputy, the person’s GP, and their social worker if applicable. The person you’re applying for must also be notified directly.
04
Submit to the Court of Protection
The Court reviews the papers and may request further information before issuing a decision. This stage can take several months, so starting early matters.
05
Receive the Court Order
If approved, the Court issues a formal Order appointing the Deputy. This is your legal authority to act on the individual’s behalf.
06
What's is good to know
The process has strict requirements at each stage. Missing a step or submitting incomplete documents can cause significant delays — our team ensures your application is right first time.
How Rothley Law supports your application
Our Court of Protection solicitors specialise in Deputy applications for both Lay and Professional Deputies, whether straightforward or contested. We handle the paperwork, guide you through each stage, and ensure every requirement is met for your specific situation.
We know this process can feel daunting when you’re already dealing with a difficult set of circumstances. Our job is to make it as smooth as possible, so you can focus on supporting your loved one.
Not sure where to start? Contact our team for straightforward, compassionate advice.
Frequently Asked Questions
How do I apply to become a Deputy?
To become a Deputy, you must make a formal application to the Court of Protection. This includes details of the decisions that need to be made, financial information, witness statements, and a formal capacity assessment known as a COP3. You must also serve notice of the application on relevant people, including close family members and the person’s GP.
What is a COP3 form?
A COP3 is a formal capacity assessment required as part of every Deputy application. It must be completed by a qualified practitioner experienced in mental capacity assessments, and it confirms that the person is unable to make the relevant decisions themselves. Without a COP3, your application cannot proceed.
How long does a Court of Protection Deputy application take?
The timescale varies depending on the complexity of the case and the Court’s workload, but applications typically take several months from submission to the granting of a final Order. Contested applications take considerably longer. Starting the process as early as possible is important.
Who needs to be notified when applying for a Deputyship?
The Court requires you to notify at least three people with a potential interest in the application. This typically includes close family members who are not applying to be Deputies, the person’s GP, and their social worker if applicable. The person you are applying for must also be notified directly.
Can a family member become a Deputy, or does it have to be a professional?
Either can be appointed. A Lay Deputy is typically a family member or close friend. A Professional Deputy is usually a solicitor or other qualified professional. The right choice depends on the individual’s circumstances — some families prefer the reassurance of a professional, while others are well-placed to manage the role themselves.
What is the difference between a Lay Deputy and a Professional Deputy?
A Lay Deputy is usually a friend or family member with no professional background in financial management. A Professional Deputy is a qualified professional — typically a solicitor — with specialist knowledge and experience. Professional Deputies are often appointed where the individual’s affairs are complex, where there is no suitable family member, or where the family prefers not to take on the responsibility.
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