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Apply to the Court of Protection if both of the following apply:

• you鈥檙e concerned about the personal welfare or property and financial affairs of someone who鈥檚 lost mental capacity
• you want to get a one-off decision, for example to stop someone visiting a person who鈥檚 lost mental capacity in a nursing home

You can only apply to the court if there鈥檚 a major disagreement about a serious decision which cannot be agreed any other way. There are general rules and examples in the Mental Capacity Act 2005 Code of Practice.

Check if someone has an attorney or deputy acting for them before you apply.

If there鈥檚 an immediate risk to the person

Apply for an emergency or urgent court order if you think there鈥檚 an immediate risk to the person, for example they need emergency medical treatment they cannot consent to.

If the person needs long-term help

You may have to apply to become a deputy if the person needs long-term help with decisions about personal welfare or property and financial affairs.

Download and fill in:

• an application form (COP1) - send the original and 2 copies
• an assessment of capacity form (COP3) - get the person鈥檚 doctor or other medical professional to fill in the relevant parts, and send the original and a copy

You may also need to download and fill in:

• supporting information for property and financial affairs decisions (COP1A) - include any other relevant details by sending a completed witness form (COP24) with your application
• supporting information for personal welfare applications (COP1B) - send the original and a copy

You must pay 拢408 to apply. You can apply for help paying the fee if you鈥檙e getting certain benefits or on a low income.

Send a cheque made payable to 鈥楬M Courts and Tribunals Service鈥� with your completed forms.

Read the application form guidance notes (COP1) if you need help.

What happens next

You must tell:

• the person you鈥檙e applying to get a one-off decision for
• people connected to the application

Tell them after you apply.

The Court of Protection will send you a copy of your application forms - they鈥檒l be stamped with an issue date.

You鈥檒l also get a letter from the court telling you what to do next.

You must tell (鈥榮erve鈥�) certain people about the application within 14 days of the issue date.

Tell the person you鈥檙e applying to get a one-off decision for

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

• who鈥檚 applying to get a one-off decision about their personal welfare or property and financial affairs
• that their ability to make decisions is being questioned
• what the one-off decision would mean for them
• where to get advice if they want to discuss the application

You must give the person:

• a completed form COP 14 - use the guidance notes to fill it in yourself
• an acknowledgment form (COP5), so they can confirm they鈥檝e been told
• any other documents related to your application

The person can get advice and assistance from the Court of Protection.

Tell people connected to the application

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

Send them:

• a notice that an application form has been issued (COP15)
• an acknowledgment form (COP5) so they can confirm they鈥檝e been told
• any other documents related to your application

You can tell them:

• by post
• by fax or email
• in person

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

You must confirm you鈥檝e told people within 7 days of sending the forms. Download and fill in both:

• form (COP20A) for the person you鈥檙e applying to get a one-off decision for
• form (COP20B) for other people named in the application

These forms are sometimes called 鈥榗ertificates of service鈥�.

You must send both forms to the Court of Protection at the same time.

You鈥檒l hear from the Court of Protection after you鈥檝e 鈥�served notice鈥� (told other people you鈥檝e applied).

The court will tell you if:

• your application鈥檚 been approved or rejected
• 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 make a decision, and when and where it鈥檒l take place

If there鈥檚 a hearing

You must attend the hearing. You鈥檒l get a letter with a hearing date (鈥榥otice鈥�) if the court decides to have a hearing.

You must tell the person you鈥檙e getting a decision for about the hearing:

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

Fill in the notice about proceedings (COP14) and give it to the person you鈥檙e getting a decision for. Use the guidance notes if you need help.

The person can contact the Court of Protection for advice and assistance - you must explain this to them.

Send a certificate of service (COP20A) to the Court of Protection within 7 days of when you told the person.

You must pay 拢500 if the court makes a final decision at the hearing.

Get a decision

If there鈥檚 a hearing, you鈥檒l get a decision at it or afterwards by post.

You鈥檒l get a decision by post if there is not a hearing.

Challenge a decision

You can apply to the court for the decision to be reconsidered if it was made without a hearing - use form (COP9).

You must apply within 21 days of the date the decision was made.

Appeal a decision

You must ask for permission to appeal if there was a hearing. Download and fill in the appellants鈥� notice (COP35).

You must pay 拢230. You can apply for help paying the fee if you鈥檙e getting certain benefits or on a low income.