Court of Protection deputyship: how to apply when there's no LPA

The short answer

If a family member or friend has lost the mental capacity to manage their own money, property, or care – and they never set up a lasting power of attorney (LPA) while they could – the only way to get legal authority to act for them is to apply to the Court of Protection to become their deputy. Being a spouse, parent, or next of kin gives you no automatic right to make decisions on someone else’s behalf in England and Wales.

Deputyship is slower, more expensive, and more closely supervised than an LPA. Expect an application fee of £432, several months’ wait, and – for property and financial affairs deputies – an ongoing security bond and annual reporting duty to the Office of the Public Guardian (OPG). This guide walks through who can apply, the forms you need, what it costs, and what the role involves once you’re appointed.

Quick reference

Sources: gov.uk – Deputies: make decisions for someone who lacks capacity; gov.uk – EX50A Civil and Family Court Fees Order, November 2025; OPG120 – Get help with paying OPG deputy fees, verified September 2026.

Who needs to apply for deputyship

You need to apply to the Court of Protection if all of the following are true:

• The person can no longer make a particular decision for themselves because they “lack mental capacity” – for example because of a serious brain injury, a stroke, advanced dementia, or a severe learning disability
• They did not make a lasting power of attorney (LPA), or, if the arrangement predates 1 October 2007, an enduring power of attorney (EPA), while they still had capacity
• Someone needs ongoing legal authority to make decisions about their property and finances, or about their personal welfare and medical treatment

If the person only needs help managing their benefits – not their wider finances – you don’t need full deputyship. You can apply to the Department for Work and Pensions to become an appointee instead, which is a simpler process. Source: gov.uk – Deputies: make decisions for someone who lacks capacity.

Check for an LPA or EPA first

Before applying, check whether the person already has a registered LPA or EPA. If they do, the attorney named in it already has legal authority, and deputyship isn’t needed. You can search their paperwork for an OPG registration certificate, or ask their solicitor if they had one. Our guide to lasting power of attorney explains how LPAs work and why setting one up in advance avoids the deputyship process entirely.

The two types of deputy

There are two distinct deputyship roles, and you can apply for one or both.

Property and financial affairs deputy

A property and financial affairs deputy handles the person’s money and property: paying bills, managing bank accounts, collecting pensions and benefits, selling or renting out property, and managing investments. This is the more common type of application. Source: gov.uk – Deputies: make decisions for someone who lacks capacity.

Personal welfare deputy

A personal welfare deputy makes decisions about medical treatment and day-to-day care – for example, where the person should live or what care they should receive. The court is more cautious about granting personal welfare deputyships and will usually only do so where there’s a genuine dispute about the person’s best interests (for example, disagreement within the family) or where ongoing decisions need to be made over an extended period, such as decisions about long-term residence. You cannot become someone’s personal welfare deputy if they are under 16. Source: gov.uk – Deputies: make decisions for someone who lacks capacity.

For most single medical decisions, the court prefers to make a one-off order rather than appoint an ongoing personal welfare deputy – ask about this option if you only need authority for a specific decision rather than continuing responsibility.

How to apply: the forms you need

Source: gov.uk – Deputies: make decisions for someone who lacks capacity.

Step 1: Confirm the person lacks capacity

Before you apply, you need medical evidence that the person cannot make the relevant decision themselves. This is recorded on form COP3, with a qualified practitioner – typically a GP, psychiatrist, or other suitably qualified professional – completing the capacity assessment section. See our guide to mental capacity assessment for how that assessment works and the legal test behind it.

Step 2: Notify the people connected to the application

You must tell the person you’re applying to be a deputy for, and notify at least three other people connected to them – this could include other relatives, a social worker, or a doctor. They have the right to raise concerns or objections about your application.

Step 3: Complete and submit the forms

Fill in COP1 (plus COP1A or COP1B, whichever applies), COP3, and COP4, then submit them to the Court of Protection along with the application fee.

Step 4: The court reviews the application

The Court of Protection checks whether the person genuinely needs a deputy (rather than some lesser form of help), and whether there are any objections to your appointment. Most applications are dealt with on paper, without a hearing – a hearing is only scheduled if there’s a dispute or the court needs more information.

Step 5: Security bond (property and financial affairs deputies only)

If you’re appointed as a property and financial affairs deputy, you’ll usually need to take out a security bond – a form of insurance that protects the person’s estate if you mismanage their finances – before the court issues the sealed order. The size of the bond depends on the value of the assets you’ll be controlling, and the annual premium is paid from the protected person’s funds. Personal welfare deputies do not need a bond, since they don’t handle money.

Step 6: You receive the court order

Once approved, you receive a court order that sets out exactly what you can and cannot do. You must act within those limits – a deputy has no authority beyond what the order specifically permits.

What it costs

Sources: gov.uk – EX50A Civil and Family Court Fees Order, November 2025 (application and hearing fees); OPG120 – Get help with paying OPG deputy fees (assessment and supervision fees), verified September 2026.

If you apply for both property and financial affairs deputyship and personal welfare deputyship for the same person, the £432 application fee is payable twice – £864 in total.

Most fees are paid from the protected person’s own funds, not the deputy’s own money, since the deputy is acting on their behalf.

Help with fees

If the person you’re applying for is on certain means-tested benefits, or has savings under £16,000 (or £4,250 if they’re under 66), they may qualify for a fee exemption or a 50% remission. Apply using form COP44A. Qualifying benefits include Income-based Jobseeker’s Allowance, Income-based Employment and Support Allowance, Income Support, Housing Benefit, and the Guarantee Credit element of Pension Credit. Source: gov.uk – Apply for help with Court of Protection fees: form COP44A.

What happens once you’re appointed

Deputyship is an ongoing legal responsibility, not a one-off task.

Ongoing duties

• Act within the court order. You can only make the specific decisions the order authorises – nothing more.
• Act in the person’s best interests. Every decision must follow the best interests principles set out in the Mental Capacity Act 2005.
• Keep records. Property and financial affairs deputies must keep clear records of income, spending, and any gifts made on the person’s behalf.
• File an annual deputy report. Every deputy must send OPG a report each year explaining the decisions they’ve made. This is how OPG supervises deputies and checks the person is being properly looked after.
• Maintain the security bond (property and financial affairs deputies), renewing the insurance annually.

Source: gov.uk – Deputies: make decisions for someone who lacks capacity.

Supervision levels

OPG assigns each deputyship a supervision level – general or minimal – based on the complexity of the person’s affairs and the value of the assets involved. General supervision (£320/year) typically involves closer monitoring, potentially including phone contact or a visit from an OPG-appointed visitor. Minimal supervision (£35/year) applies to lower-risk deputyships, usually involving smaller estates.

Changing or ending a deputyship

If circumstances change – for example, the deputy needs new powers, or a co-deputy needs to be added – you apply to the Court of Protection to vary the order. A deputyship ends automatically when the person the deputy was acting for dies, when the court order expires or is cancelled, or if the deputy can no longer act (for example, through their own illness or death). On the death of the protected person, the deputy’s authority ends immediately – responsibility for the estate passes to the executor named in the will, or to whoever is entitled to apply for letters of administration if there is no will. The former deputy must send OPG a final report and return the original court order. Source: gov.uk – End your deputyship.

Deputyship vs lasting power of attorney

The single strongest reason to set up an LPA while you or a family member still can is to avoid this entire process. If you’re helping an older relative plan ahead, our guide to lasting power of attorney explains how to set one up before it’s needed.

Common questions families ask

Can more than one person be a deputy?

Yes. You can apply to be a sole deputy, or jointly with someone else. As with attorneys under an LPA, joint deputies can be required to act together on every decision, or be allowed to act independently.

What if the family disagrees about who should be deputy?

The court will take any objections into account when deciding whether to appoint you, and who is suitable. If there’s a serious, ongoing family dispute, this is exactly the kind of situation where a personal welfare deputyship (rather than a one-off order) might be granted, since it demonstrates the need for a clear decision-maker recognised by the court.

Does a deputy need to be a family member?

No. A deputy can be any suitable adult aged 18 or over – a friend, or a professional such as a solicitor. Local authorities can also act as a corporate deputy, often for property and financial affairs, particularly where no suitable family member or friend is available.

What if I only need to make one decision, not ongoing decisions?

You may not need to become a deputy at all. The Court of Protection can make a one-off order for a single, specific decision – for example, authorising the sale of a property – without appointing an ongoing deputy. This is usually quicker and cheaper than a full deputyship application.

Summary

If a family member has lost mental capacity and never made a lasting power of attorney, deputyship is the only way to get legal authority to manage their finances or welfare. Expect to pay a £432 application fee (potentially £864 if you need both types), wait several months for a decision, and – for property and financial affairs deputies – maintain a security bond and file an annual report to the Office of the Public Guardian once appointed. The forms (COP1, plus COP1A or COP1B, COP3, and COP4) are available from gov.uk, and fee help is available through form COP44A for those on a low income or certain benefits. If the person still has capacity now, setting up a lasting power of attorney is far quicker, cheaper, and avoids the court process entirely. For more on how capacity is assessed and what triggers the need for a deputy, see our guide to mental capacity assessment.