What is the Court of Protection?
If someone can’t make their own decisions because they’ve lost mental capacity or
never had capacity, the Court of Protection can appoint a Deputy to manage their
affairs.
What is a Deputy?
A Deputy is a person chosen by the court to make decisions for someone who cannot
do so themselves.
When is a Deputy needed?
A Deputy is needed when a person:
• Can’t manage their money, care, or daily life.
• Has lost capacity due to dementia, illness, accident, or substance misuse.
• Has never had capacity because of a learning disability or cognitive
impairment that affects their ability to make important decisions.
Types of Deputyship
1. Property and Financial Affairs – managing money, bills, and property.
2. Personal Welfare – making decisions about care, living arrangements, and
medical treatment. (Welfare applications are rare; most are about finances.)
Why not use a Lasting Power of Attorney (LPA)?
An LPA is cheaper, quicker, and easier – but it can only be made while the person still has capacity. If the person never had capacity or has already lost it, a Deputyship is the only option.
This is why it’s a good idea to set up LPAs early for peace of mind in later life.
Who can be a Deputy?
• A relative or close friend (aged 18+ and with capacity),
• A professional (like a solicitor), or
• Someone appointed by the court (e.g., a director of adult social services).
Can there be more than one Deputy?
Yes.
• Joint Deputies – must make all decisions together.
• Joint and Several Deputies – can make decisions together or separately.
Main Duties of a Deputy
• Always act in the person’s best interests.
• Be honest and responsible.
• Keep financial records and receipts.
• Send an annual report to the Office of the Public Guardian (OPG).
How to Apply
You’ll need to complete and post four forms to the Court of Protection, along with
a mental capacity assessment and a court fee (£421 per application). These forms
can be complex and difficult to navigate without an expert.
The forms are:
1. Application form – details about everyone involved and who you’re notifying.
2. Supporting information form – includes financial or welfare details.
3. Capacity assessment form – completed by a doctor, psychologist, or social
worker.
4. Deputy’s declaration form – confirms you are suitable to act as Deputy.
After You Apply
1. The court confirms receipt (usually within a week, but often longer).
2. Within 14 days, you must notify:
– The person the order concerns, and
– At least three relatives or friends.
3. The court waits 14 days for any objections, then reviews your case.
4. You may need to:
– Attend a hearing (£494 fee),
– Provide more information, or
– Pay a security bond (insurance to protect the person’s finances).
5. Once approved, you’ll receive a Court Order – then you can start acting as Deputy.
How Long It Takes
Expect 9–12 months for the process to be completed.
Court delays are common, so applying early is best.
Ongoing Responsibilities
Each year, you must:
• Submit a report to the OPG.
• Keep records of spending and decisions.
• Pay an annual fee to the OPG:
o £320 for general supervision (first year),
o £35 for minimal supervision (most ongoing cases).
When the Deputyship Ends
The order ends if:
• The person dies,
• The person regains capacity,
• You ask to step down, or
• The court removes you for mismanagement or misconduct.
Support from the Independence Project and Peter Hollebon
The Independence Project works closely with Peter Hollebon, who has extensive
experience in Court of Protection applications.
Peter is a retired solicitor with many years of experience making successful
Deputyship applications.
Going to a solicitor can be very expensive, but Peter offers his services at a greatly
reduced cost and provides support and guidance to individuals and families
navigating the Court of Protection process.
📩 Email: peter.hollebon@live.co.uk
📞 Phone: 07793 849777
Please get in touch if you need advice or support with making an application.