Court of Protection: First Steps Guide

This is a practical starting guide. It does not decide whether someone lacks mental capacity or whether a particular Court of Protection application is required.

1. Check whether another authority already exists

If the person already has a valid Lasting Power of Attorney or Enduring Power of Attorney covering the decisions that need to be made, a deputy is not usually needed for those decisions.

2. Identify the decision that needs to be made

• Property and financial affairs – for example bank accounts, bills, property or investments
• Personal welfare – for example certain decisions about care or where someone lives
• A one-off decision rather than ongoing authority
• Urgent or emergency decisions where delay may cause harm

3. Gather the key information

• Details of the person the application concerns
• Information about their ability to make the particular decision
• Medical or capacity evidence where required
• Existing LPAs, EPAs or court orders
• Family and other people involved
• Bank, pension, benefit and property information for financial applications
• Details of the proposed deputy or deputies
• Any existing correspondence from the Court of Protection or OPG

4. Understand the likely fees

The current Court of Protection application fee is £432. A £266 hearing fee can apply if the court holds a hearing and makes a final decision. After a deputy is appointed, the Office of the Public Guardian currently charges a £100 assessment fee and annual supervision fees, normally £320 for general supervision or £35 for qualifying minimal supervision. A security bond may also be required for a property and financial affairs deputy.

5. Personal welfare deputyship is less common

The Court of Protection usually only appoints a personal welfare deputy where ongoing authority is genuinely needed, for example where there is doubt that decisions will be made in the person’s best interests or someone needs authority over a specific welfare issue over time.

6. What Tony Legal Support can help with

We can provide practical support with application paperwork, evidence organisation, supporting documents, notification requirements and the administrative steps involved in preparing an application. We do not act as solicitors or barristers and do not undertake reserved legal activities.

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Official guidance: Become a deputy – GOV.UK and Deputyship fees – GOV.UK.

Tony Legal Support is a trading name of Paralegal Services Sunderland Ltd. We provide paralegal and legal support services and are not a firm of solicitors.