Court of Protection Deputyship UK (2026): What It Is and How to Apply
Updated 14 May 2026 · 8 min read · England & Wales
If a person loses mental capacity and has no lasting power of attorney in place, their bank accounts are frozen and no one — not even a spouse — has legal authority to manage their affairs. The only remedy is a Court of Protection deputyship — a process that typically takes 6–10 months and costs £3,000–£5,000+. This guide explains what deputyship is, how to apply, and why making an LPA in advance is so important.
LPA vs deputyship — key comparison
| Feature | Lasting Power of Attorney | Court of Protection Deputyship |
|---|---|---|
| When it can be made | Proactively, while donor has capacity | After capacity is lost — no earlier |
| Registration cost | £82 per LPA (2026) | £421 court fee + £1,500–£3,000+ solicitor fees |
| Time to take effect | 8–12 weeks to register; immediate on incapacity | 6–10 months from application |
| Ongoing supervision | None (OPG oversight only if complaint) | Annual report + £320/year OPG fee |
| Donor’s choice of attorney | Yes — donor selects their attorney | Court decides — family can apply but cannot guarantee appointment |
When is a deputyship required?
Deputyship is required when someone has lost mental capacity to manage a specific matter and has no LPA covering that matter. Common situations:
- Dementia or Alzheimer’s disease reaching a point where an LPA can no longer be made
- A sudden stroke, brain injury, or accident causing incapacity
- A person born with a learning disability who has never had capacity to make an LPA
- An elderly parent with significant assets and no LPA in place
Mental capacity is assessed decision-by-decision and time-by-time under the Mental Capacity Act 2005. A person may lack capacity for some decisions (complex financial decisions) while retaining it for others (simple day-to-day choices). The COP3 capacity assessment in the deputyship application must specify the decisions for which capacity is lacking.
The two types of deputy
Two types of deputyship order can be granted:
- Property and financial affairs deputy — by far the most common. Manages bank accounts, investments, property, benefits, bills, and financial decisions.
- Personal welfare deputy — rare; authorises decisions about care, medical treatment, and residence. Granted only in genuinely contested cases where carers and professionals cannot agree on best interests.
How to apply — step by step
- Obtain a COP3 capacity assessment from a doctor, social worker, or other qualified professional
- Complete COP1 (application) and COP4 (deputy’s declaration)
- Notify the person who lacks capacity (using COP14) and close relatives (using COP15)
- Submit to the Court of Protection with the £421 fee
- Wait for the court order — typically 6–10 months for an uncontested application
- Once the order is issued, register with banks and the OPG; obtain the deputy’s bond
- File annual reports to the OPG each year
What a deputy can and cannot do
- Can do: operate bank accounts, receive income, pay bills, manage investments, sell property when needed for care costs
- Cannot do without separate court order: make or change the person’s will; make significant gifts; delegate their authority
- All decisions must be made in the person’s best interests under s4 Mental Capacity Act 2005
Frequently asked questions
What is a Court of Protection deputy and when is one needed?
A Court of Protection (COP) deputy is a person (usually a family member, close friend, or professional) appointed by the Court of Protection to make decisions on behalf of someone who has lost mental capacity and cannot make decisions for themselves. A deputy is needed when the person (the 'donor') has lost mental capacity AND has not made a lasting power of attorney (LPA) while they had capacity. Without an LPA, no one — including a spouse, adult child, or next of kin — has automatic legal authority to manage another person's finances, sell their property, or access their bank accounts. The only way to obtain that authority is through a Court of Protection deputyship order. Common triggers: dementia or Alzheimer's disease progressing to the point where an LPA can no longer be made; a sudden accident or medical event causing incapacity; a person born with a learning disability who has never had capacity to make an LPA.
What are the two types of deputyship?
There are two main types of deputyship, each requiring a separate application: (1) Property and financial affairs deputy — manages the person's finances: operating bank accounts, paying bills, managing investments, selling or renting property, claiming benefits. This is by far the most common type applied for. (2) Personal welfare deputy — makes decisions about the person's care, medical treatment, and where they live. The Court of Protection grants welfare deputyship only rarely and in contentious cases — for day-to-day welfare decisions, carers and healthcare providers are expected to act in the person's best interests under the Mental Capacity Act 2005 without needing a formal order. In most cases, families apply only for a property and financial affairs deputyship.
How do you apply for a Court of Protection deputyship?
The application is made to the Court of Protection using the following forms: COP1 (application form — sets out the application and names the proposed deputy); COP3 (assessment of capacity — completed by a medical professional, social worker, or other qualified person confirming the person lacks capacity in relation to the specific decisions at issue); COP4 (deputy's declaration — the proposed deputy declares their suitability, any conflicts of interest, and their understanding of the deputy's duties). You must also notify certain people, including the person who lacks capacity (unless it would cause them significant distress or harm), and their close relatives, using form COP14/COP15. The application is submitted to the Court of Protection with the £421 court fee (2026). Once issued, the order is sent to the deputy and the Office of the Public Guardian (OPG) supervises the deputy going forward.
How long does a Court of Protection deputyship application take?
A straightforward, uncontested deputyship application currently takes between 6 and 10 months from submission to the issue of the order. The timeline: 2–4 weeks to prepare and submit the application; 6–9 months for the court to process the application and issue the order. If the application is contested (for example, a dispute between family members about who should be the deputy, or disagreement about the extent of the order), it can take considerably longer — 12–18 months or more. During this waiting period, the applicant has no authority to act: bank accounts remain frozen for sole-name accounts; property cannot be sold; benefits may be disrupted. This delay is the key reason why making an LPA while a person has capacity is so strongly recommended — an LPA takes 8–12 weeks to register and comes into force immediately on the donor losing capacity.
What does a Court of Protection deputyship cost?
Total costs for a deputyship application and ongoing supervision are significantly higher than an LPA: Court fee: £421 (2026). Solicitor fees: typically £1,500–£3,000 for an uncontested application; higher for contested cases. OPG annual supervision fee: £320 per year for a general supervision order (type 2). Annual deputy report: the deputy must file an annual report with the OPG; this costs nothing to file but takes time to prepare, and solicitors typically charge £300–£800 per year to prepare it. Deputyship bond (insurance): most deputies must obtain a security bond; premium is typically 0.5–1% of the assets managed per year. Total first-year cost: often £3,000–£5,000+; ongoing annual costs of £500–£1,200+. By contrast, making an LPA while you have capacity costs £82 to register per LPA (£164 for both types) — making an LPA at age 50–60 is one of the most cost-effective legal actions a person can take.
What can and cannot a deputy do?
A property and financial affairs deputy can: operate the person's bank accounts; receive the person's income (pension, benefits, rent); pay the person's bills and expenses; manage investments; sell property if required for the person's care. A deputy cannot: make or change the person's will (requires a statutory will application to the Court of Protection — a separate and expensive process); make gifts that go beyond HMRC annual exemptions or normal birthday/Christmas gifts without a further court order; delegate their authority to another person. All decisions must be made in the person's best interests under s4 Mental Capacity Act 2005, considering what the person would have wanted. Deputies must keep meticulous financial records and submit an annual report to the OPG. Deputies who misuse their position face criminal prosecution for fraud, removal, and personal liability to repay misappropriated funds.
Can deputyship be avoided by making an LPA?
Yes — a lasting power of attorney (LPA) made while the donor has mental capacity completely avoids the need for deputyship. An LPA for property and financial affairs gives the attorney the same powers as a deputy — but without the expense, delay, and court involvement. Key difference: an LPA is made proactively by the donor while they still have capacity; deputyship is a reactive remedy sought by a family member after capacity has been lost. Making an LPA now — while you have capacity — costs £82 to register per LPA, takes 8–12 weeks to come into force, and can then be held indefinitely. Every adult in England and Wales should have both an LPA for property and financial affairs and an LPA for health and welfare. If you or someone you know is in early-stage dementia or another progressive condition, the priority is to make an LPA before capacity is lost — once capacity goes, deputyship is the only option.
Don’t leave your family facing deputyship
Making an LPA while you have capacity costs £82 and takes 8–12 weeks. Leaving it too late means a 6–10 month court process costing £3,000–£5,000+. WillSafe’s LPA kit guides you through the process clearly.
View LPA Kits →Related guides
- What is a lasting power of attorney UK?
- LPA and the Mental Capacity Act UK
- Power of attorney and dementia UK
- How much does an LPA cost UK?
- Health and welfare LPA UK