Court of Protection

Decides on the welfare, property, and finances of people who lack mental capacity, under the Mental Capacity Act 2005.

This page mainly applies to England and Wales. Scotland and Northern Ireland may have different rules — check the jurisdiction before relying on this information.

Overview

The Court of Protection has jurisdiction over the property, affairs, and personal welfare of people who lack the mental capacity to make decisions for themselves. It can appoint deputies, make one-off best-interests decisions, authorise deprivations of liberty (DOLS / LPS), approve statutory wills, and review decisions about end-of-life care. It is part of the Senior Courts but has a distinct caseload and procedure under the Mental Capacity Act 2005 and the Court of Protection Rules.

What it handles

Appointment of deputies for property and affairs
Best-interests welfare decisions (medical treatment, residence, contact)
Statutory wills and gifts on behalf of someone lacking capacity
Authorisations to deprive someone of liberty (DOLS/LPS)
Disputes between attorneys, deputies, or family members about a person's care

Forms

COP1

Application to make a decision

COP3

Assessment of capacity

COP9

Application notice (interim or further orders)

Fees

Application fee (general): £408
Hearing fee (general): £500

Process

Step 1: Check eligibility
You check you meet the requirements to be a deputy, and decide whether you're applying to be a property and financial affairs deputy, a personal welfare deputy, or both.
Step 2: Apply and pay the fee
The application process differs depending on the type of deputyship applied for, and you also need to pay an application fee.
Step 3: Court checks the application
The Court of Protection checks whether the person actually needs a deputy or some other kind of help, and whether there are any objections to the appointment.
Step 4: Court order issued
If appointed, you get a court order saying what you can and cannot do as deputy; the Office of the Public Guardian then helps you carry out your responsibilities.
Step 5: Ongoing reporting
As deputy, you must send an annual deputy report to the Office of the Public Guardian each year explaining the decisions you've made, and you remain deputy until the court order is cancelled or expires.

Appeals

Court of Appeal (Civil Division).

Representation

Solicitor + Official Solicitor (litigation friend); legal aid means-tested for property/affairs, non-means-tested for some welfare cases.

Official sources

https://www.gov.uk/courts-tribunals/court-of-protection

Last reviewed: 2026-05-21. This is legal information, not legal advice.