Court of Protection solicitors: deputyship applications

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Support when a loved one loses capacity

Our team handles Court of Protection matters with the sensitivity they demand and the rigour they require. These applications come at difficult times, often when a family is already coping with a serious diagnosis or a sudden change, and small mistakes can cause months of delay. We manage the process end to end, keep you informed at every stage, and make sure the person at the centre of it is properly protected.

Understanding the Court of Protection

What the Court of Protection does

The Court of Protection makes decisions, and appoints others to make decisions, for people aged 16 and over who lack the mental capacity to make those decisions themselves. It works under the Mental Capacity Act 2005, which sets out how capacity is assessed and requires that any decision is made in the person's best interests. The court can make one-off decisions on a particular issue, such as the sale of a property or a disputed medical treatment, or it can appoint a deputy to make ongoing decisions over time. It also deals with disputes about a person's capacity or about how an attorney or deputy is acting.

Becoming a deputy

When someone needs ongoing decisions made on their behalf, the court can appoint a deputy, usually a family member, to serve in that role. There are two types of deputyship: property and financial affairs, which is the more common, and personal welfare, which the court grants more rarely. To become a deputy in the UK, you apply to the court with detailed information about the person, their finances and why a deputy is needed, along with an assessment of their capacity. As deputyship solicitors, we prepare the application properly, so it is not returned or delayed, and we advise you on the responsibilities the role carries, including annual reporting to the Office of the Public Guardian.

Deputyship compared with power of attorney

A deputyship and a lasting power of attorney do the same essential job, allowing someone to make decisions for a person who cannot, but the difference is timing and control. A lasting power of attorney is made in advance by someone who still has capacity, choosing their own attorneys. A deputyship is imposed by the court after capacity has already been lost, when no LPA exists, and the court decides who is appointed and on what terms. Deputyship is slower, more expensive and subject to ongoing supervision, which is why we so often encourage clients to put an LPA in place while they still can and avoid the need for the court altogether.

How long an application takes

A Court of Protection application is not quick. A straightforward property and financial affairs deputyship typically takes around four to six months from application to the deputy being appointed, and more complex or contested cases take longer. Where an urgent decision cannot wait, the court can make an interim order in the meantime. Much of the delay comes from the detail the court requires and from applications being returned when that detail is incomplete, which is where careful preparation makes a real difference to the timescale.

How we can help

We take on the full weight of a Court of Protection matter so that families do not have to navigate it alone at an already difficult time.

Advice on whether a deputyship, a one-off order or another route is the right course;
Preparation and management of the full application, reducing the risk of delay or rejection;
Support with a deputy's ongoing duties, including annual reports to the Office of the Public Guardian;
Help resolving disputes about capacity, best interests or how an attorney or deputy is acting; and
Clear costs information from the outset, including where the person's own funds may meet the costs.

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Frequently Asked Questions

What is the Court of Protection and when is it needed?

It is most often needed at the point a family discovers there is no lasting power of attorney and their relative can no longer manage their own affairs, for example, after a dementia diagnosis or a stroke. Until a deputy is appointed, no one, not even a spouse, has automatic authority to access the person's accounts or make decisions for them, which is why an application becomes necessary.

How do I become a deputy for someone who has lost capacity?

The key practical point is that anyone over 18 can apply, but the court will want to see that you are suitable and that the arrangement is in the person's best interests. You will need a professional capacity assessment, and you should be prepared for the role's ongoing duties, including keeping the person's finances entirely separate from your own and reporting annually. We can guide you through both the application and what follows.

What is the difference between a deputy and a power of attorney?

In short, timing decides which one applies. If the person still has capacity, they can choose their own attorney through an LPA, and no court is involved. If capacity has already gone and no LPA exists, that option is closed, and a deputyship through the court is the only route left. This is precisely why putting an LPA in place early is so valuable: it keeps the choice in the person's own hands.

How long does a Court of Protection application take?

Timescales vary with the type of application and whether it is contested, and the biggest avoidable cause of delay is an application returned for missing or incorrect detail. Getting the paperwork and the capacity evidence right first time is the single most effective way to keep things moving. Where a decision genuinely cannot wait, we can ask the court for an urgent interim order.

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