188体育

Apply for a property and financial affairs deputyship order as a solicitor, professional, local authority or their representative.

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.

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:

• the application notification and acknowledgement form (COP14PADep)聽- you鈥檒l need to complete the notification part of the form and they can complete the acknowledgement part if they鈥檙e able

• an acknowledgment form (COP5)聽- if they are able to, they鈥檒l need to complete this if they want to object to the application or provide evidence against it

• any other documents related to your application

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:

• a notice that an application form will be issued (COP15PADep)

• an acknowledgment form (COP5)聽- they鈥檒l need to complete this if they want to object to the application or provide evidence against it

• any other documents related to your application

You can tell them:

• by post to their home address

• by email

• in person

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

Forms you need to complete

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:

• an assessment of capacity form (COP3)
• a deputy鈥檚 declaration (COP4)
• a supporting information form (COP1A) unless you answer the financial questions in the online form
• an acknowledgment form (COP5), if it was returned to you

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聽a witness statement (COP24)聽to explain why you think the person you鈥檙e applying about lacks capacity.

If you鈥檙e submitting online

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

If you鈥檙e submitting by post because of a reasonable adjustment

You also need to send:

• an application form (COP1)聽- you鈥檒l need to send the original form plus a copy

• the application notification and acknowledgement form (COP14PADep)

Submit your forms online

If you notified the person about your application yourself and the person has not returned the forms to you, you do not need to submit any extra forms as you鈥檒l answer the service details online.聽

If an agent or other person notified the person about your application, or the person notified returned these to you, you鈥檒l need to submit聽the application notification and acknowledgement form (COP14PADep)

You will need 测辞耻谤听HMCTS Payment by Account (PBA) number聽to pay.聽Find out how much you鈥檒l need to pay

If you鈥檙e submitting by post because of a reasonable adjustment

You also need to send:

• an application form (COP1)聽- you鈥檒l need to send the original form plus a copy
• the application notification and acknowledgement form (COP14PADep)

If you鈥檙e submitting by post, send the forms to the Court of Protection with a cheque for the application fee.聽Find out how much you鈥檒l need to pay.

After you鈥檝e applied

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

• 测辞耻谤听application has been approved聽or rejected

• 聽you need to set up a security bond before you can be appointed -聽find out how much you鈥檒l need to pay

• 聽you have to provide more information to support your application, for example a report from social services

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.聽Find out how much you鈥檒l need to pay.

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

If you need help or support

You can contact the Court of Protection.