The Two Types of Deputyship
The Court of Protection Application Process
- 1Capacity assessment (COP3) — a registered medical professional completes the COP3 assessment of P's capacity, addressing the specific decision-making abilities that the deputy would take over. The assessment must be current (usually within 12 months). A solicitor advises on obtaining the right professional to complete the assessment.
- 2Application (COP1 & COP4) — the COP1 is the main application form setting out details of P, the applicant, the powers sought, and reasons why the order is needed. The COP4 is the deputy's declaration in which the proposed deputy confirms they understand their duties and are willing and able to act. A solicitor prepares all the application documents.
- 3Notification — the applicant must notify P and certain other persons (P's family members and any professionals involved in P's care) that the application has been made. Those notified have the opportunity to object or bring concerns to the court's attention. A solicitor manages the notification process and deals with any objections.
- 4Court decision — the Court of Protection considers the application on the papers (without a hearing) in most straightforward cases. If objections are received or the application is complex, a hearing may be required. The court issues a deputyship order setting out the deputy's powers and any specific conditions or restrictions. Processing typically takes 4–6 months from application.
- 5OPG supervision — once appointed, a property and affairs deputy is supervised by the OPG. The deputy must take out a security bond, complete annual reports, and keep detailed accounts in the format required by the OPG. A solicitor can act as deputy or assist a lay deputy (family member) with the annual reporting requirements.
Frequently Asked Questions
How long does a deputyship application take?
From submitting the application to receiving the deputyship order, the process typically takes 4–6 months. The Court of Protection has a significant backlog, and urgent cases should be flagged to the court to ensure they are prioritised. In urgent cases involving immediate financial hardship, a solicitor applies for an interim order permitting specific acts while the full application is pending — this can be obtained in weeks.
How much does a deputyship application cost?
The court application fee is £365. Professional solicitor fees for preparing the application are typically £1,500–£3,000, depending on complexity. Ongoing costs include an OPG supervision fee (£295 per year for general supervision), the cost of the security bond (typically 0.5%–1% of the estate value per year), and solicitor fees for completing the annual report if a professional deputy is used. These costs are generally met from P's own estate.
Can I access my relative's bank account while waiting for a deputyship order?
Not without authority. Without a deputyship order or LPA, accessing another person's bank account — even a relative's — without their consent is unlawful. However, a solicitor can apply for an urgent interim order from the Court of Protection permitting specific, time-limited financial acts (such as paying care fees from P's account) while the full deputyship application is pending. Many banks also have emergency procedures for family members in this situation — a solicitor advises on both routes.
What are the ongoing duties of a deputy?
A property and affairs deputy must: keep P's money separate from their own; keep detailed financial records of all income, expenditure, and transactions; submit an annual report to the OPG showing all financial activity; take out and maintain a security bond; act in P's best interests at all times; and notify the OPG of any significant changes (P moving care home, P's death, etc.). A solicitor can assist with or take over the annual reporting obligation.
Can a deputyship be ended?
Yes — a deputyship ends automatically on P's death. It can also be ended by a court order discharging the deputy (for example, where P regains capacity, or where an LPA is found that was made before capacity was lost). A deputy can apply to court to be discharged if they can no longer fulfil the role — the court then appoints a substitute. A solicitor manages the discharge and transition process.