You can apply to become someone’s deputy if they ‘lack mental capacity’. This means they can’t 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:
As a deputy, you’ll be authorised by the Court of Protection to make decisions on their behalf.
There are 2 types of deputy:
You can apply to be just one type of deputy or both. If you’re appointed, you’ll get a court order saying what you can and can’t do.
Check you meet the requirements to be a deputy.
Send the application forms to the Court of Protection and pay the application fee.
You don’t need to be a deputy if you’re just looking after someone’s benefits. Apply to become an appointee instead.
The Court of Protection will check:
If you’re appointed, the Office of the Public Guardian will help you carry out your responsibilities. You may have to complete an annual report.
You’ll continue to be a deputy until your court order is changed, cancelled or expires.
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 don’t usually need a deputy. Check if they have an LPA or EPA before you apply.
You can apply to be a deputy if you’re 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.
The court will tell you how to make decisions if you’re not the only deputy. It will be either:
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 ‘panel deputy’) from a list of approved law firms and charities if no one else is available.
As a deputy, you’re responsible for helping someone make decisions or making decisions on their behalf.
You must consider someone’s level of mental capacity every time you make a decision for them – you can’t assume it’s the same at all times and for all kinds of things.
You’ll get a court order from the Court of Protection which says what you can and can’t do. There are also general rules and examples in the Mental Capacity Act 2005 Code of Practice.
When you’re making a decision, you must:
You must not:
You must make sure:
You may need to manage a Court Funds Office account on the other person’s 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.
You need to download and fill in:
If you can’t get a completed assessment of capacity form, download and fill in a witness statement (COP24) explaining why you:
You should keep a copy of every form you fill in.
Send the originals to the Court of Protection with:
Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London
WC1A 9JA
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 ‘issued’). You’ll be sent a letter explaining what to do next.
Within 14 days of the application being issued, you must tell (sometimes called ‘serving’) the following people :
You or your representative must visit the person and tell them:
During the visit give them:
You must tell people named on your application that it has been issued.
Send them:
You can tell them:
Within 7 days of serving the documents, you must download and fill in the relevant forms (sometimes called ‘certificates of service’) confirming you’ve told:
Send them all together to the Court of Protection – the address is on the forms.
You must pay a fee to apply to be a deputy. You must also pay a supervision fee every year after you’ve been appointed.
You must pay a £400 application fee. Send this with your application form.
You need to pay the application fee twice if you’re applying to become both types of deputy.
You’ll also need to pay £500 if the court decides your case needs a hearing. The court will tell you when you need to pay this.
Make all cheques payable to ‘HM Courts and Tribunals Service’.
You must pay an annual supervision fee depending on what level of supervision your deputyship needs. You’ll pay:
Your annual supervision fee is due on 31 March for the previous year.
You’ll also need to pay a £100 assessment fee if you’re 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.
You may not have to pay an application fee depending on:
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’re 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.
You can apply for an exemption or reduction of the fee if the person you’re a deputy for gets certain benefits or has an income below £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’re deputy for dies, you pay the supervision fee for the part of the year when you acted as deputy. For example, you’ll have to pay £17.50 if your minimal supervision deputyship comes to an end after 6 months.
You must pay a bond to protect the finances of the person you’re a deputy for before you can start acting as property and affairs deputy.
The Court of Protection will review your application and make a decision 14 days after you told the other people involved that you’d applied – provided your application was complete and no one objected.
The court will tell you if:
You’ll 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:
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@hmcts.gsi.gov.uk
Telephone: 0300 456 4600
Find out about call charges
When you’ve told them, send a certificate of service (COP20A) to the Court of Protection within 7 days.
You’ll have 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.
You’ll be sent a ‘court order’ telling you what you can and can’t do as a deputy. You can start acting on behalf of the person:
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.
You need a separate court order to sell a property that’s jointly owned if you’re a property and affairs deputy.
You must pay a bond to a security bond provider to protect the finances of the person you’re a deputy for. You’ll get a letter from the court telling you how to do this.
You may be prosecuted if you misuse the person’s money.
You’ll get official copies of the court order to send to banks and building societies, for example. These prove you’re 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 £5 each.
Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London
WC1A 9JA
Before you can manage an account, you must show the bank:
If the person you’re deputy for has money in a Court Funds Office account, you’ll be sent information about how to access it.
You can also apply to open an account with the Court Funds Office if you’re a property and affairs deputy and it’s in the person’s best interests.
As a deputy, you’ll be supervised by the Office of the Public Guardian (OPG). They’re authorised to contact you or visit you to check you’re being an effective deputy. They can also give you advice and support.
New deputies get a ‘general’ level of supervision for their first year.
After that, if you’re a property and affairs deputy who manages less than £21,000, you’ll move to ‘minimal’ supervision. You’ll pay a lower fee and have to write a shorter report each year than deputies with general supervision.
You may be visited by a Court of Protection visitor to check if you:
The visitor will call you to arrange the visit and explain why they’re visiting.
Tell OPG if you’re planning to make an important decision, for example you want to sell the property of the person you’re deputy for so they can move into a care home.
Office of the Public Guardian
Telephone: 0300 456 0300
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
You must keep accounts and follow the rules for gifts and expenses if you’re acting as deputy for someone else.
As a property and affairs deputy, you must keep copies of:
You must include details of how you’ve managed the other person’s money in your annual report.
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’s an annual limit on how much money you can use for gifts.
Gifts must be reasonable. You need to make sure any gifts don’t reduce the level of care the person you’re 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.
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 can’t claim:
You may be asked to give a detailed report of what you spent. You’ll 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’ve been dishonest.
You must write a report each year explaining the decisions you’ve made as a deputy.
Your report must include:
You can complete your annual deputy report online. The Office of the Public Guardian (OPG) will tell you when it’s time to send it.
If you don’t send the report, OPG might:
You must apply to the Court of Protection if you have to:
Download and fill in both:
Your witness statement should include:
Send the Court of Protection:
You can apply for help paying the fee if you’re 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
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 don’t agree with.
They have 21 days from when the order is issued to make their request.
If you no longer want or need to be a deputy, download and fill in the application notice (COP1) and send it to the Court of Protection. The address is on the form.
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’s letter.
You can’t stop being a deputy until you’ve got the relevant court order.
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
Telephone: 0300 456 0300
Monday, Tuesday, Thursday, Friday, 9am to 5pm
Wednesday, 10am to 5pm
Find out about call charges
Court of Protection courtofprotectionenquiries@hmcts.gsi.gov.uk
Telephone: 0300 456 4600
Monday to Friday, 9am to 5pm
Find out about call charges
You’ll also have to send evidence to OPG that the person has died, for example a death certificate. Check the full list of evidence that OPG accepts.
Office of the Public Guardian
PO Box 16185
Birmingham
B2 2WH
Your security bond will remain in force for 7 years after the death of the person you’re a deputy for unless there’s a court order cancelling it.
Contact the Court Funds Office if the person you were deputy for had an account with them.
Nearest tube: Elephant & Castle underground station (Northern and Bakerloo lines).
Nearest Railway Station: Elephant & Castle
Buses from Elephant and Castle: ask bus driver for Burgess Park. Bus numbers: 12, 171, 148, 176, 68, 484, 42, 40, 45