Court of Protection Deputyship Solicitors
When someone loses mental capacity without a Lasting Power of Attorney in place, a Court of Protection deputyship is the only way for family to legally manage their affairs — and the process is complex and slow without specialist help.
A deputyship order — granted by the Court of Protection — gives a named person legal authority to manage the affairs of someone who has lost mental capacity and has no registered Lasting Power of Attorney. The process takes 6–9 months, involves detailed reporting requirements, and is significantly more onerous than an LPA. A solicitor will manage the application, prepare the evidence, and advise the deputy on their ongoing obligations.
What a Deputyship Involves
Deputyship applications — the process, the types of order, and the deputy's ongoing obligations.
A deputyship is not a one-off document — it is an ongoing appointment subject to OPG supervision. A solicitor will make the application correctly and advise the deputy on what they must do, and how.
Property and financial affairs deputyship
A property and financial affairs deputy is authorised to manage the person's bank accounts, investments, property, and financial affairs — including paying bills, managing rental income, making gifts, and dealing with benefits. The order specifies the scope of the deputy's authority — standard orders allow day-to-day financial management but typically require an additional order for larger transactions such as the sale of property. A solicitor will ensure the initial order covers the authority needed and advise on when a further application is required.
Personal welfare deputyship
A personal welfare deputy is authorised to make decisions about the person's living arrangements, care, and medical treatment. The Court of Protection grants personal welfare deputyships less readily than financial ones — the court prefers to make specific orders for one-off decisions (such as a serious medical treatment decision or a dispute about care placement) rather than granting a blanket welfare appointment. A solicitor will advise on whether a specific order or a full welfare deputyship is the appropriate application in the circumstances.
The application process
A deputyship application to the Court of Protection involves completing the required forms (COP1, COP3 capacity assessment, COP4 deputy's declaration), notifying the person who lacks capacity and their close family members, obtaining a capacity assessment from a medical professional, and paying the court fee. The Office of the Public Guardian then assesses the application — the process currently takes 6–9 months. A solicitor will prepare all the documentation, manage the notification requirements, and follow up with the court to minimise delay.
Interim orders and urgent applications
Where the person's affairs require urgent management before the full deputyship order is made — for example where a bill is not being paid, a care invoice is outstanding, or a property is at risk — the Court of Protection can make an interim order on an expedited basis. A solicitor will assess whether an interim application is justified and, where it is, make the application to the court as quickly as possible — sometimes within days of instruction.
Annual reporting to the OPG
A financial deputy must submit an annual report to the Office of the Public Guardian — accounting for all income received, expenditure made, and gifts given during the year. The OPG reviews the report and may query any transaction that appears unusual. Failure to submit the report on time, or accounts that cannot be reconciled, can result in supervision proceedings. A solicitor will advise on the accounting requirements, help the deputy prepare the annual report, and respond to any OPG queries.
Deputyship versus LPA — why the difference matters
An LPA costs £82 to register, is in place within 4–8 weeks, and carries no ongoing reporting requirements. A deputyship application costs £371 in court fees, takes 6–9 months, requires annual OPG reporting and a deputyship bond, and is reviewed annually. The ongoing costs of a deputyship significantly exceed the one-off cost of an LPA. A solicitor who identifies that a person still has capacity — even borderline capacity — will advise on whether an LPA can still be made before a deputyship becomes necessary.