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The application
So, you have made the decision to take on the role of deputy for a loved one, friend or even a neighbour, and it’s not a role to be taken lightly. Though it may seem daunting at first, the process can be made less fear inducing by ensuring you follow some simple procedural and practical steps. This series will look to set out the different steps that must be followed and what you can and should do in each one. If you still have any concerns then advice can always be sought from professionals.
The first stage of the process is to make the application, if one is not already being processed. The application will need to be made to the Court of Protection. You will be able to find some useful guidance as well as contact details on the GOV.UK website and search for courts and tribunals.
A number of forms will need to be completed. The forms are designed to provide the court with the relevant information they will require to consider the application. The forms required will depend on the type of deputyship you are applying for, though they will both include the following:
- COP1: Apply to make decisions on someone’s behalf as a deputy
- COP1A: Supporting information for property and affairs applications
- COP1B: Supporting information for health and welfare applications
- COP3: Assessment of Capacity
- COP4: Deputy’s declaration
You may also wish to complete a COP24 witness statement to provide the court with any additional information you think is relevant; including the reasons as to why you are applying and why you are a suitable option.
Once the forms are complete, they will need to be submitted to the court along with an application fee of £371 made out to ‘HMCTS’. There are additional fees if the case proceeds to a hearing, which may occur if the application is objected to. It is now possible to submit the application online through the Court’s portal.
The time frame in which your application will be considered can be anywhere from 1 month to over a year depending on the circumstances. If the court approves the application, you will be asked to put a deputyship bond in place on behalf of the person concerned. This is essentially an insurance policy that can later be called in if there is any financial loss due to the deputy’s conduct.
Once the bond is in place and the court has agreed the Order, it will be sent to the issuing team who will send out the final sealed copies of the Order to you.
further information
If you would like further information or advice about the topic discussed in this blog, please contact Lauren Eyre in the Court of Protection team.
about the author
Lauren deals with the management of deputyships, with a focus on clients diagnosed with dementia and those that have suffered medical negligence resulting in serious brain injuries and long term impairments.
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
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