Becoming a Court of Protection Deputy

How do you become a Court of Protection Deputy for someone who has lost mental capacity?

While most people have some understanding of Lasting Powers of Attorney, few are familiar with Deputyship Applications and their purpose.

You can apply to the Court of Protection to become someone’s Deputy if they are no longer capable of making decisions for themselves. If they already have a valid LPA, the attorneys they appointed in the LPA can act on their behalf. If they don’t have a valid LPA, then a Deputyship application is needed.

A lack of mental capacity could be because:

• they have dementia
• they have suffered a significant brain injury
• they have serious learning difficulties

As with an LPA, there are two types of Deputyships: one for property and financial affairs and one for personal welfare. As the Deputy, you will be responsible for making or helping make decisions their behalf.

The role of the Court of Protection

The Court of Protection, created under the Mental Health Act (2005), is designed to protect vulnerable people. It decides if a person has the mental capacity to make their own decisions regarding their finances or personal welfare and can appoint a Deputy to act on the person’s behalf. It can also:

• Decide whether an action is in the person’s best interest
• Confirm the validity of an LPA or revoke an LPA
• Rule on whether a person is being deprived of their liberty

Applying to become a Deputy

To make an application to the Court of Protection to become someone’s Deputy, there are several forms to complete, including:  

• Tell the person you’re applying to be a deputy using form COP14PADep.
• Tell at least 3 people connected to your application using form COP15PADep.
• Ask a medical practitioner to complete form COP3 – this is an assessment of capacity form where the medical practitioner confirms that the individual no longer has mental capacity to make decisions regarding their finances.
• Complete the remaining forms including COP1A and COP4.
• Submit all the forms online or by post.

Once the application is processed, the applicant needs to notify those involved within 14 days of the issue date. If there are no objections to the application, the Court of Protection sends the application to an Authorised Officer or Judge for their consideration.

Once the application has been considered, the Court will appoint the Deputy, or make a Deputy order, or send an interim order, where additional information/evidence is still required. The process can typically take 4-6 months. With the current court backlog, it can take significantly longer, so, don’t delay starting the process.

Acting as someone’s deputy comes with significant responsibility. Bird & Lovibond’s specialist team have the expertise and experience to help applicants navigate the Deputyship process.