Deputies: make decisions for someone who lacks capacity

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1. Overview

You can apply to become someone鈥檚 deputy if they 鈥榣ack mental capacity鈥�. This means they cannot make a decision for themselves at the time it needs to be made. They may still be able to make decisions for themselves at certain times.

People may lack mental capacity because, for example:

  • they鈥檝e had a serious brain injury or illness
  • they have dementia
  • they have severe learning disabilities

As a deputy, you鈥檒l be authorised by the Court of Protection to make decisions on their behalf.

This guide is also available in Welsh (Cymraeg).

Types of deputy

There are 2 types of deputy.

Property and financial affairs deputy

You鈥檒l do things like pay the person鈥檚 bills or organise their pension.

Personal welfare deputy

You鈥檒l make decisions about medical treatment and how someone is looked after.

You cannot become someone鈥檚 personal welfare deputy if they鈥檙e under 16. Get legal advice if you think the court needs to make a decision about their care.

The court will usually only appoint a personal welfare deputy if:

  • there鈥檚 doubt whether decisions will be made in someone鈥檚 best interests, for example because the family disagree about care
  • someone needs to be appointed to make decisions about a specific issue over time, for example where someone will live

Read the full guidance about when you need to make a personal welfare application.

Becoming a deputy

You can apply to be just one type of deputy or both. If you鈥檙e appointed, you鈥檒l get a court order saying what you can and cannot do.

When you become a deputy, you must send an annual deputy report to the Office of the Public Guardian (OPG) each year explaining the decisions you鈥檝e made.

Apply to the Court of Protection if you need to change or renew your court order.

You鈥檒l continue to be a deputy until your court order is cancelled or expires.

How to apply

Check you meet the requirements to be a deputy.

The application process is different depending on whether you鈥檙e:

You鈥檒l also need to pay an application fee.

You do not need to be a deputy if you鈥檙e just looking after someone鈥檚 benefits. Apply to become an appointee instead.

Checks on your application

The Court of Protection will check:

If you鈥檙e appointed, the Office of the Public Guardian will help you carry out your responsibilities.

Other ways to make decisions for someone

If you want to make a single important decision, you can apply to the Court of Protection for a one-off order.

If the person already has a lasting power of attorney (LPA) or enduring power of attorney (EPA), they do not usually need a deputy. Check if they have an LPA or EPA before you apply.

2. Who can apply to be a deputy

You can apply to be a deputy if you鈥檙e 18 or over. Deputies are usually close relatives or friends of the person who needs help making decisions.

If you want to become a property and affairs deputy, you need to have the skills to make financial decisions for someone else.

The court can appoint 2 or more deputies for the same person.

When there鈥檚 more than one deputy

When you apply, tell the court how you鈥檒l make decisions if you鈥檙e not the only deputy. It will be either:

  • together (鈥榡oint deputyship鈥�), which means all the deputies have to agree on the decision
  • separately or together (鈥榡ointly and severally鈥�), which means deputies can make decisions on their own or with other deputies

Other types of deputy

Some people are paid to act as deputies, for example accountants, solicitors or representatives of the local authority.

The Court of Protection can appoint a specialist deputy (called a 鈥榩anel deputy鈥�) from a list of approved law firms and charities if no one else is available.

3. Responsibilities

As a deputy, you鈥檙e responsible for helping someone make decisions or making decisions on their behalf.

You must consider someone鈥檚 level of mental capacity every time you make a decision for them - you cannot assume it鈥檚 the same at all times and for all kinds of things.

You鈥檒l get a court order from the Court of Protection which says what you can and cannot do. There are also general rules and examples in the Mental Capacity Act 2005 Code of Practice, and you鈥檒l need to meet standards for deputies.

Guidance for all deputies

When you鈥檙e making a decision, you must:

  • make sure it鈥檚 in the other person鈥檚 best interests
  • consider what they鈥檝e done in the past
  • apply a high standard of care - this might mean involving other people, for example getting advice from relatives and professionals like doctors
  • do everything you can to help the other person understand the decision, for example explain what鈥檚 going to happen with the help of pictures or sign language
  • add the decisions to your annual deputy report

You must not:

  • restrain the person, unless it鈥檚 to stop them coming to harm
  • stop life-sustaining medical treatment
  • take advantage of the person鈥檚 situation, for example abuse them or profit from a decision you鈥檝e taken on their behalf
  • make a will for the person, or change their existing will
  • make gifts unless the court order says you can
  • hold any money or property in your own name on the person鈥檚 behalf

Property and affairs deputies

You must make sure:

  • your own property and money is separate from the other person鈥檚
  • you keep records of the finances you manage on their behalf in your annual deputy report

You may need to manage a Court Funds Office account on the other person鈥檚 behalf.

You could be fined or sent to prison for up to 5 years (or both) if you mistreat or neglect the person on purpose.

4. Apply to be a personal welfare deputy

You need to download and fill in all of the following:

You must name at least 3 people in your application who know the person you鈥檙e applying to be deputy for. For example, their relatives, a social worker or doctor.

The court may not accept your application if you do not send the 鈥榓ssessment of capacity鈥� (COP3) form.

If you cannot get an assessment, you must download and fill in a witness statement (COP24) to explain why you think the person you鈥檙e applying about lacks capacity.

You should keep a copy of every form you fill in.

Where to send your forms

You鈥檒l need to pay the application fee with a cheque.

Send the forms, including 2 copies of the application form (COP1) and the cheque to the Court of Protection.

Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London
WC1A 9JA

Tell people named in your application

The court will aim to send you a stamped copy of your application within a week of receiving it. This means your application is being considered (it has been 鈥榠ssued鈥�). You鈥檒l be sent a letter explaining what to do next.

Within 14 days of the application being issued, you must tell (sometimes called 鈥榮erving鈥�) the following people:

  • the person you鈥檙e applying to be a deputy for
  • at least 3 people named in your application as having an interest, for example the person鈥檚 relatives, social worker or doctor

If you cannot tell 3 people you should send in a witness statement (COP24).

Tell the person you鈥檙e applying to be a deputy for

You or your representative must visit the person and tell them:

  • who鈥檚 applying to be their deputy
  • that their ability to make decisions is being questioned
  • what having a deputy would mean for them
  • where to get advice if they want to discuss the application

During the visit give them:

Tell people connected to your application

You must tell 3 people named on your application that it has been issued.

Send them:

You can tell them:

  • by post to their home address
  • by email
  • in person

Confirming that you鈥檝e told people (鈥榮erved notice鈥�)

Within 7 days of serving the documents, you must download and fill in the relevant forms (sometimes called 鈥榗ertificates鈥�) confirming you鈥檝e told:

Send them all together to the Court of Protection.

Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London
WC1A 9JA

After your application is reviewed

The Court of Protection will not review your application until 14 days after you told the other people involved. This is to give them a chance to object.

The Court of Protection will then review your application and tell you if:

  • your application has been approved or rejected
  • you鈥檒l need to pay a fee to set up a security bond before you can be appointed
  • you have to provide more information to support your application, for example a report from social services
  • it鈥檚 going to hold a hearing to get more information, for example if someone objected

If you鈥檙e asked to a hearing

You鈥檒l get a notice with the date of the hearing if the court decides to hold one. You must visit the person you want to be deputy for and tell them about it:

  • within 14 days of getting the notice
  • at least 14 days before the date of the hearing

Give them a completed notice about proceedings (COP14). Use the guidance notes to fill it in.

You must explain that they can contact Court of Protection staff for advice and assistance.

Court of Protection
courtofprotectionenquiries@justice.gov.uk
Telephone: 0300 456 4600
Find out about call charges

When you鈥檝e told them, send a certificate of service (COP20A) to the Court of Protection within 7 days.

You鈥檒l need to pay a fee if the court makes a final decision at the hearing.

The guidance explains what to expect from a Court of Protection hearing.

5. Apply to be a property and financial affairs deputy

Use these steps to become a property and financial affairs deputy or to replace an existing deputy:

  1. Tell the person you鈥檙e applying to be a deputy for. Ask them to complete the relevant forms.

  2. Tell at least 3 people connected to your application. Ask them to complete the relevant forms.

  3. Complete the remaining forms.

  4. Submit the forms online or by post.

There鈥檚 different guidance if you鈥檙e a legal professional.

Tell the person you鈥檙e applying to be a deputy for

You or your representative must visit the person and tell them:

  • who鈥檚 applying to be their deputy
  • that their ability to make decisions is being questioned
  • what having a deputy would mean for them
  • where to get advice if they want to discuss the application

During the visit you must give them:

If they鈥檙e able, they should complete the form within 14 days. If they鈥檙e not able to, you can send the application and notification form (COP14PADep) back with just the notification parts filled in.

Tell people connected to your application

You must tell at least 3 people who know the person you鈥檙e applying to be deputy for about your application. For example, the person鈥檚 relatives, social worker or doctor.

If you鈥檙e replacing a deputy, one of the people you tell should be the person you鈥檙e replacing (if this is possible).

Send them:

You can tell them:

  • by post to their home address
  • by email
  • in person

If you cannot tell 3 people you should send a witness statement (COP24) to the Court of Protection with your other forms.

They need to return the forms to you within 14 days of receiving them. If you have not received the forms in 14 days, you can then apply without them.

Complete the forms

The forms you need to fill in depend on whether you鈥檙e submitting the forms online or by post.

You must complete and send the forms within 3 months of telling the people connected to your application. If you do not, you must start the process again.

You should keep a copy of every form you fill in for your own records.

All applicants need to complete:

The court may not accept your application if you do not send the 鈥榓ssessment of capacity鈥� (COP3) form.

If you cannot get an assessment, you must download and fill in a witness statement (COP24) to explain why you think the person you鈥檙e applying about lacks capacity.

If you鈥檙e replacing a deputy

You can apply to replace an existing deputy, for example if they can no longer carry out their duties or you think they should no longer be a deputy. You should explain why you want to replace them in your application.

The existing deputy can object to being replaced by completing an acknowledgment form (COP5).

If you鈥檙e submitting online

If your representative notified the person about your application, you鈥檒l need to submit an application notification and acknowledgement form (COP14PADep).

If you notified the person about your application yourself, you do not need to submit any extra forms.

If you鈥檙e submitting by post

You also need to send:

Submit your forms online

You鈥檒l need a debit or credit card to pay the fee. Find out how much you鈥檒l need to pay.

There鈥檚 a different service if you鈥檙e a legal professional.

Submit your forms by post

Send the forms to the Court of Protection with a cheque for the application fee. Find out how much you鈥檒l need to pay.

Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London
WC1A 9JA

After you鈥檝e applied

The Court of Protection will review your application and tell you if:

There鈥檚 usually no hearing for property and financial affairs deputy applications. If there is one, you鈥檒l have to pay a fee. Find out how much you鈥檒l need to pay.

The guidance explains what to expect from a Court of Protection hearing.

If you need help or support

You can contact the Court of Protection.

Court of Protection
courtofprotectionenquiries@justice.gov.uk
Telephone: 0300 456 4600
Monday to Friday, 9am to 5pm
Find out about call charges

6. Fees

You must pay:

  • a fee to apply to be a deputy
  • a supervision fee every year after you鈥檝e been appointed

You may also have to pay to set up a 鈥榮ecurity bond鈥� before you can be appointed as a property and affairs deputy.

When you apply

You must pay a 拢421 application fee.

If you鈥檙e submitting your forms by post, include a cheque payable to 鈥楬M Courts and Tribunals Service鈥�.

If you鈥檙e submitting your forms online, you can pay with a debit or credit card.

You need to pay the application fee twice if you鈥檙e applying to become both types of deputy.

You鈥檒l also need to pay 拢259 if the court decides your case needs a hearing. The court will tell you when you need to pay this.

Security bonds for property and affairs deputies

You may have to pay to set up a 鈥榮ecurity bond鈥� before you can be appointed as a property and affairs deputy. This is a type of insurance that protects the finances of the person you鈥檙e a deputy for.

You do not have to set up a bond if either:

  • you鈥檙e representing a local authority
  • the court decides it鈥檚 not necessary, for example if the person鈥檚 estate has a low value

If you need to set one up, you鈥檒l get a letter from the court telling you this. The letter will explain what to do next.

You set up the bond with a security bond provider. The amount you pay depends on:

  • the value of the estate of the person you鈥檙e a deputy for
  • how much of their estate you control

You can pay it either:

  • using the person鈥檚 money
  • yourself - you can get the money back from the person鈥檚 estate once you have access to it

You may be prosecuted if you misuse the person鈥檚 money.

After you鈥檝e been appointed

You must pay an annual supervision fee depending on what level of supervision your deputyship needs. You鈥檒l pay:

  • 拢320 for general supervision
  • 拢35 for minimal supervision - this applies to some property and affairs deputies managing less than 拢21,000

Your annual supervision fee is due on 31 March for the previous year.

You鈥檒l also need to pay a 拢100 assessment fee if you鈥檙e a new deputy.

The Office of the Public Guardian will tell you how and when to pay your assessment and supervision fees.

You may be able to claim a refund of your fees in certain situations.

Getting help with your application fee

You may not have to pay an application fee depending on:

  • what type of deputy you鈥檙e applying to be
  • how much money you or the person you鈥檙e applying to be deputy for has
Type of deputy Whose finances will be assessed
Property and financial affairs Theirs
Personal welfare Yours

The guidance has information about getting help with your fees.

You can claim back the fee from the funds of the person you want to be a deputy for if you鈥檙e applying to be a property and affairs deputy.

The fee will be refunded if the person dies within 5 days of the Court of Protection receiving the application.

Getting help with your supervision fees

You can apply for an exemption or reduction of the fee if the person you鈥檙e a deputy for gets certain benefits or has an income below 拢12,000. Read the guidance that comes with the form and apply if the person meets the requirements. The address is on the form.

If the person you鈥檙e deputy for dies, you pay the supervision fee for the part of the year when you acted as deputy. For example, you鈥檒l have to pay 拢17.50 if your minimal supervision deputyship comes to an end after 6 months.

7. When you're appointed

You鈥檒l be sent a 鈥榗ourt order鈥� telling you what you can and cannot do as a deputy. When you have this, you can start acting on the person鈥檚 behalf.

You鈥檒l be sent the court order:

  • as soon as you鈥檙e appointed - if you鈥檙e a personal welfare deputy
  • after you set up a security bond - if you鈥檙e a property and affairs deputy and have been asked to do this by the court

You鈥檒l need a separate court order before you can:

Check the court order. If there are any mistakes, download and fill in form COP9 with the details and send it to the court within 21 days of receiving the court order. There is no fee.

Tell people and organisations you鈥檙e a deputy

You鈥檒l get official copies of the court order to send to banks and building societies, for example. These prove you鈥檙e acting on behalf of the other person. When you send out an official copy, ask for it to be returned.

Order extra copies of the court order by writing to the Court of Protection. They cost 拢5 each.

Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London
WC1A 9JA

Start managing a bank account

Before you can manage an account, you must show the bank:

  • the original court order, or an official copy of it
  • proof of your name, for example your passport or driving licence
  • proof of your address, for example a gas, electricity or Council Tax bill, or letter from a government department
  • proof of the name or address of the person you鈥檙e applying to be deputy for - if they鈥檙e not the same as on the bank account

Court Funds Office accounts

If the person you鈥檙e deputy for has money in a Court Funds Office account, you鈥檒l be sent information about how to access it.

You can also apply to open an account with the Court Funds Office if you鈥檙e a property and affairs deputy and it鈥檚 in the person鈥檚 best interests.

Record your decisions and transactions

You can start your annual deputy report to record your decisions and transactions, such as paying bills.

8. Supervision, support and visits

As a deputy, you鈥檒l be supervised by the Office of the Public Guardian (OPG). They are authorised to contact you or visit you to check you鈥檙e meeting their standards for deputies. They can also give you advice and support.

If you fail to meet their standards, OPG might ask the court to stop you being a deputy.

How you鈥檒l be supervised

New deputies get a 鈥榞eneral鈥� level of supervision for their first year.

After that, if you鈥檙e a property and affairs deputy you鈥檒l move to 鈥榤inimal鈥� supervision if both:

  • you鈥檙e managing less than 拢21,000
  • you no longer need a general level of supervision

You鈥檒l pay a lower fee and have to write a shorter annual deputy report than deputies with general supervision.

Supervision visits

You may be visited by a Court of Protection visitor to check if you:

  • understand your duties
  • have the right level of support from OPG
  • are carrying out your duties properly
  • are being investigated because of a complaint

The visitor will call you to arrange the visit and explain why they鈥檙e visiting.

Contact OPG

Tell OPG if you鈥檙e planning to make an important decision, for example you want to sell the property of the person you鈥檙e deputy for so they can move into a care home.

Office of the Public Guardian
customerservices@publicguardian.gov.uk
Telephone: 0300 456 0300
Textphone: 0115 934 2778
Monday, Tuesday, Thursday, Friday, 9am to 5pm
Wednesday, 10am to 5pm
Find out about call charges

Office of the Public Guardian
PO Box 16185
Birmingham
B2 2WH

9. Accounts, gifts and expenses

You must keep accounts and follow the rules for gifts and expenses if you鈥檙e acting as deputy for someone else. You must also record the transactions in your annual deputy report.

Accounts

As a property and affairs deputy, you must keep copies of:

  • bank statements
  • contracts for services or tradespeople
  • receipts
  • letters and emails about your activities as a deputy

Gifts

Your court order will say if you can buy gifts or give gifts of money on behalf of the other person, including donations to charities. It will also say if there鈥檚 an annual limit on how much money you can use for gifts.

Gifts must be reasonable. You need to make sure any gifts do not reduce the level of care the person you鈥檙e deputy for can afford.

You must apply to the Court of Protection if you want to make a one-off large gift for Inheritance Tax purposes, for example.

Expenses

You can claim expenses for things you must do to carry out your role as deputy, for example phone calls, postage and travel costs. You cannot claim:

  • travel costs for social visits
  • for the time spent carrying out your duties (unless you鈥檙e a professional deputy, for example a solicitor)

You may be asked to give a detailed report of what you spent. You鈥檒l have to pay the money back if the Office of the Public Guardian finds your expenses are unreasonable. They may ask the court to stop you being a deputy if they think you鈥檝e been dishonest.

10. Complete your deputy report

You must write a report each year explaining the decisions you鈥檝e made as a deputy. You might be asked to do this more often if the Office of the Public Guardian (OPG) needs additional information.

You may also need to write a final report if you stop being a deputy.

If you鈥檙e a public authority or professional deputy using the service for the first time, you need to contact your case manager to register first. If you鈥檙e a deputy for a friend or family member, you can create an account online.

Or you can download and fill in a paper annual report form. The address you need to send it to is on the form.

What to include

Your report must include:

  • the reasons for your decisions and why they were in the best interests of the person you鈥檙e deputy for
  • who you spoke to and why what they said was in the person鈥檚 best interests
  • the finances of the person if you鈥檙e their property and financial deputy

The OPG will tell you when it鈥檚 time to send it.

If you do not send the report the OPG might:

  • increase your level of supervision
  • ask the court to replace you with a different deputy

11. Change your deputyship or make a one-off decision

You must apply to the Court of Protection if you have to:

  • renew your deputyship
  • change your deputyship, for example make decisions that are not in the original order
  • make a one-off decision on something not covered by your court order

How to apply

Download and fill in both:

Your witness statement should include:

  • the total annual income of the person you鈥檙e a deputy for including pensions
  • a summary of their assets, for example bank balances, savings, investments
  • details of property they own
  • the annual cost of their care and other regular items of major expenditure
  • the value of the security bond set by the court
  • a description of the circumstances that have led to the application being made

Send the Court of Protection:

  • the completed forms
  • a cheque for the application fee - 拢421 - payable to 鈥楬M Courts and Tribunals Service鈥�

You can apply for help paying the fee if you鈥檙e getting certain benefits or on a low income.

Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London
WC1A 9JA

If you need help with changing your deputyship, call the Court of Protection.

Court of Protection
Telephone: 0300 456 4600
Monday to Friday, 9am to 5pm
Find out about call charges

What happens next

You may have to notify other people about the change to the court order if the court tells you to.

They can object or ask the court to reconsider any proposed changes they do not agree with. They can do this:

  • before the court order is issued
  • up to 21 days after the court order is issued

12. End your deputyship

If you no longer want or need to be a deputy, download and fill in the application notice (COP1) and send it to the .

If the person has recovered mental capacity, download and fill in form COP 9. Send it to the Court of Protection with any supporting evidence, for example a doctor鈥檚 letter.

Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London
WC1A 9JA

You cannot stop being a deputy until you鈥檝e got the relevant court order.

If the person you鈥檙e deputy for dies

Contact the Office of the Public Guardian (OPG) and the Court of Protection to tell them that the person has died.

Office of the Public Guardian
customerservices@publicguardian.gov.uk
Telephone: 0300 456 0300
Textphone: 0115 934 2778
Monday, Tuesday, Thursday, Friday, 9am to 5pm
Wednesday, 10am to 5pm
Find out about call charges

Court of Protection
courtofprotectionenquiries@justice.gov.uk
Telephone: 0300 456 4600
Monday to Friday, 9am to 5pm
Find out about call charges

You might get a letter from the OPG asking you to send evidence that the person has died, for example a death certificate. You can check the list of evidence the OPG accepts.

Your security bond will remain in force for 2 years after the death of the person you鈥檙e a deputy for unless there鈥檚 a court order cancelling it.

Contact the Court Funds Office if the person you were deputy for had an account with them.

Read more about how to be a deputy.