SponsoredBuild your website with Vincony

Ymwadiad: Nid cyngor cyfreithiol yw hwn. Mae deddfwriaeth a chyfraith achosion yn newid. Ymgynghorwch bob amser â chyfreithiwr cymwys ar gyfer eich sefyllfa benodol.

UK Law Reference
All Legal Journeys
Mental Capacity
England & Wales
6 stages
4–12 months for a straightforward deputyship order; faster for urgent welfare orders
Reviewed April 2026

Court of Protection Journey

The process for applying to the Court of Protection for an order to manage the property, finances, health, or welfare of a person who lacks mental capacity, from initial application to ongoing supervision.

Who Uses This Journey

Family members, carers, professionals, and local authorities seeking to make decisions or obtain legal authority in relation to adults who lack mental capacity under the Mental Capacity Act 2005. This covers financial management (property and affairs deputy) and welfare decisions (personal welfare deputy or one-off orders).

Stage-by-Stage Timeline

1

Assess Mental Capacity

The starting point is whether the person lacks capacity to make the decision in question under MCA 2005 ss.2–3. Capacity is decision-specific and time-specific. A formal capacity assessment by a qualified professional (GP, psychiatrist, psychologist, social worker) is required. The presumption is that all adults have capacity unless proven otherwise.

Evidence Needed
  • Formal capacity assessment report (COP3)
  • GP or specialist medical records
  • Assessment of the person's ability to understand, retain, weigh, and communicate the relevant information
Common Mistakes to Avoid
  • Assuming lack of capacity without a formal assessment
  • Not checking whether capacity may fluctuate — act during a lucid period if possible
  • Confusing incapacity with unwise decisions — people can make decisions others consider foolish
2

File Application (COP1)

File Form COP1 (Application Form) with supporting documents: COP3 (capacity assessment), COP1A (deputy's declaration for property and affairs), or COP1B (welfare). Pay the application fee. Applications can be for: a single order, a property and affairs deputyship, or a personal welfare deputyship.

Deadline: No fixed limitation period, but act promptly to protect the person's interests
Fee: £385 application fee. £500 for a hearing (if required).
Forms at This Stage
Evidence Needed
  • COP1 application form
  • COP3 capacity assessment
  • COP3A (medical evidence in certain cases)
  • Details of all property and assets (for property and affairs)
  • Draft order specifying the powers required
Common Mistakes to Avoid
  • Not completing COP3 properly — must be done by the relevant professional
  • Not identifying all the powers needed in the draft order
  • Forgetting to include the annual fee to the OPG in budgets
3

Notify the Person and Others (COP14/COP15)

The person who lacks capacity must be notified (Form COP14) unless the court orders otherwise. Other people with an interest (close family, carers) must also be notified (COP15). They have 21 days to object. This ensures the process is transparent and challenges can be raised.

Deadline: Notify within 21 days of filing the application; respondents have 21 days to object
Forms at This Stage
Common Mistakes to Avoid
  • Not notifying all relevant family members — this can lead to objections and delay
  • Serving notification in an inaccessible format for the person lacking capacity
4

Hearing or Paper Determination

Many straightforward deputyship applications are dealt with on the papers by a district judge without a hearing. If there are objections or complex welfare issues, a hearing will be listed. Urgent applications (e.g. for medical treatment) can be heard very quickly — sometimes the same day.

Deadline: Paper decisions: 2–4 months. Hearings: listed as required.
Possible Outcomes
  • Order made on the papers — no hearing needed
  • Hearing listed — parties attend and give evidence
  • Interim order made for urgent matters
  • Application adjourned for further evidence
Common Mistakes to Avoid
  • Not responding to court queries promptly — delays the paper process
  • Not filing additional medical evidence if requested
5

Order Made

The court makes the order (property and affairs deputyship, welfare deputyship, or specific order). The deputy is appointed with specific powers. For property and affairs deputies, the Office of the Public Guardian (OPG) supervises them and requires an annual security bond (insurance) and annual reports.

Possible Outcomes
  • Deputyship order granted — OPG registration and supervision begins
  • Specific one-off order made (e.g. authorise a medical treatment)
  • Application refused — court not satisfied on evidence
  • Lasting Power of Attorney (LPA) found sufficient — deputyship not needed
Common Mistakes to Avoid
  • Not reading the order carefully to understand the exact scope of powers granted
  • Acting outside the powers in the order — deputies can be held personally liable
6

Ongoing Supervision (OPG)

Property and affairs deputies are supervised by the Office of the Public Guardian. They must: keep accounts, file an annual report (using OPG forms), maintain the security bond, act in the person's best interests, keep their own and the person's finances separate, and apply to court for any major decisions not covered by the order (e.g. selling the person's home).

Fee: OPG supervision fee: £320 per year (general supervision)
Evidence Needed
  • Annual deputy report (OPG102/OPG103)
  • Bank statements for all accounts managed
  • Receipts for all expenditure
  • Security bond renewal
Common Mistakes to Avoid
  • Missing annual report deadline — OPG may investigate and apply to court
  • Mixing the person's money with your own — this is misappropriation
  • Making gifts from the person's estate without court authority

Official Sources

Related Guides

Know Your Rights