Court of Protection Deputyship Application
When Deputyship Becomes Necessary
If someone loses mental capacity and does not have a registered Lasting Power of Attorney, family members cannot simply take over. Depending on the issue, the Court of Protection may need to appoint a deputy or make a one-off decision — especially for property and financial affairs or a disputed serious welfare decision.
The most common trigger is a parent diagnosed with dementia who never set up an LPA, or whose LPA application was rejected and not resubmitted before capacity was lost. Once capacity is gone, an LPA can no longer be created — the donor must have capacity to make one. For decisions requiring formal authority, the Court of Protection may be the fallback.
Deputyship vs LPA
A Lasting Power of Attorney is a voluntary appointment made by the donor while they have capacity. It costs £92 per document to register with the Office of the Public Guardian and takes 8 to 16 weeks. The donor chooses who they trust.
A deputyship order is a court-imposed appointment made after capacity is lost. It costs significantly more, takes much longer, and involves ongoing court supervision.
Key differences:
| LPA | Deputyship | |
|---|---|---|
| Who initiates it | The donor | A family member or professional |
| When it can be set up | Only while the donor has capacity | Only after capacity is lost |
| Application fee | £92 per document | £432 court fee (plus potential solicitor costs) |
| Timeline | 8–16 weeks | 4–6 months (often longer) |
| Ongoing supervision | Minimal | Annual report to OPG; potential supervision bond |
| Choice of decision-maker | The donor chooses | The court decides |
The Cost
A deputyship application involves multiple costs that add up quickly:
- Court of Protection application fee: £432
- OPG supervision fee: typically £320 per year for personal welfare deputies
- Solicitor fees: if using professional help, expect £1,000 to £3,000 or more for the application
- Court forms and capacity evidence: the application includes forms such as COP1, COP3, COP4, and supporting information forms, depending on the type of deputyship
- Security bond: the court may require the deputy to take out a bond (insurance) proportional to the assets being managed
For a contested application — where family members disagree about who should be deputy — costs can escalate to tens of thousands of pounds.
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Medical Treatment Disputes
The Court of Protection also handles medical treatment disputes. If the clinical team and the family disagree about whether an ADRT is valid or applicable, or if there is a dispute about the scope of a welfare deputy's or attorney's authority, the case can be referred to the court for a declaration.
In emergency situations, clinicians must provide life-sustaining treatment while an urgent application is filed. The court then decides whether the ADRT applies, whether the attorney's decision is lawful, or what course of treatment is in the patient's best interests.
These cases are rare but high-stakes. They most commonly arise when an ADRT uses vague language that the clinical team interprets differently from the family, or when family members disagree among themselves about the patient's wishes.
How to Avoid It
Deputyship exists as a safety net for people who did not plan ahead. The most effective way to avoid it:
- Set up and register a Health and Welfare LPA while you have capacity — do not wait for a diagnosis
- Set up and register a Property and Financial Affairs LPA at the same time
- Make an ADRT covering your specific treatment refusals, drafted in clinically precise language to minimise disputes
- Store copies of all documents with your GP, your hospital consultant, and your attorneys
- Review and update your documents annually
The England ADRT Guide provides the complete planning framework — LPA coordination, ADRT drafting templates, signing sequence checklists, and a GP consultation preparation sheet — designed to ensure your planning documents are valid, accessible, and unambiguous enough to avoid a Court of Protection application entirely.
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