When someone loses mental capacity and has no Lasting Power of Attorney in place, you may need to apply to the Court of Protection for a deputyship order. This gives legal authority to manage their property and financial affairs, ensuring their bills are paid, assets are protected, and decisions are made in their best interests.

What is a Deputyship?

A deputy is appointed by the Court of Protection to make decisions for someone who cannot do so themselves. There are two types:

Property and Financial Affairs Deputy – manages bank accounts, pays bills, handles investments, and may need to sell property (with court approval).

Health and Welfare Deputy – makes decisions about care and medical treatment (less common and usually only in complex cases).

The Application Process

Applying for deputyship involves:

Gathering information about assets and liabilities, family members and interested parties, and the individual’s personal situation.

Completing multiple forms (COP1A, COP3, COP4) and obtaining and providing a medical capacity assessment.

Notifying family members and other interested parties under the statutory provisions.

Paying court fees and, in some cases, a security bond.

Waiting several months (often 9–12) for the order to be granted.

Once appointed, deputies must keep detailed records and submit annual reports to the Office of the Public Guardian.  These include providing full details of all financial transactions, purchases and invoices and explain any significant decisions made and with whom the deputy has consulted in relation to making decisions.

Why Instruct a Solicitor?

You do not have to use a solicitor, but the process can be complex and stressful at an already difficult time. A specialist solicitor can:

Handle the application process – ensuring forms are completed correctly to avoid delays.

Guide you through the process – explaining your duties and legal responsibilities clearly.

Reduce stress – managing notifications and liaising with the Court on your behalf.

Avoid costly mistakes – ensuring the application includes all necessary permissions (e.g., selling property, making gifts).

Provide representation – if the application is contested or a hearing is required.

Peace of Mind

Appointing a solicitor means you have an experienced professional ensuring everything is done properly and in the best interests of your loved one. It allows you to focus on what matters most: supporting them.

Contact us today for expert guidance on deputyship applications.

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.