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
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.
- 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
- 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
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.
- 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
- 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
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.
- Not notifying all relevant family members — this can lead to objections and delay
- Serving notification in an inaccessible format for the person lacking capacity
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.
- 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
- Not responding to court queries promptly — delays the paper process
- Not filing additional medical evidence if requested
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.
- 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
- 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
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).
- Annual deputy report (OPG102/OPG103)
- Bank statements for all accounts managed
- Receipts for all expenditure
- Security bond renewal
- 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