Court of Protection UK: How It Works & When to Apply

At a glance

• What it is: a specialist superior court of record established by section 45 of the Mental Capacity Act 2005, which came fully into force on 1 October 2007.
• What it decides: whether someone has capacity to make a particular decision, who should be appointed to manage their property, finances or welfare, one-off declarations, disputes about a Lasting or Enduring Power of Attorney, and serious medical treatment questions.
• The legal test: the five principles in section 1 (including a presumption of capacity and the right to make an unwise decision), the capacity test in sections 2–3, and the best-interests checklist in section 4.
• Deputy vs attorney: an attorney is chosen in advance by the person themselves via a Lasting Power of Attorney (ss.9–14); a deputy is appointed by the Court after capacity is already lost (s.16). No valid LPA means deputyship is usually the fallback route.
• Who supervises what: the Court makes the order; the Office of the Public Guardian (OPG) registers LPAs and EPAs and supervises deputies afterwards.
• Typical costs: an application fee plus a possible hearing fee, then an annual OPG supervision fee for deputies — figures change, so always check GOV.UK's Court of Protection fees (COP44) page.
• Deprivation of liberty: currently authorised through the Deprivation of Liberty Safeguards (DoLS); the planned Liberty Protection Safeguards had not come into force as at 2026.

What the Court of Protection does

The Court of Protection is a specialist court established under the Mental Capacity Act 2005. Its job is to resolve questions about whether an adult has capacity to make a particular decision and, where they do not, to make or sanction decisions on their behalf. GOV.UK sets out its core responsibilities: deciding capacity, appointing deputies for ongoing decisions, authorising one-off decisions, handling urgent applications, ruling on disputes about a Lasting Power of Attorney or Enduring Power of Attorney, and considering applications for statutory wills or gifts.

Its jurisdiction covers both property and financial affairs and personal welfare matters, such as where a person lives, who they have contact with, and what medical treatment they receive. The Court sits alongside the Office of the Public Guardian, which registers Powers of Attorney and supervises deputies, but the two bodies have different roles: the Court makes the rulings, and the OPG handles ongoing oversight.

Judges of the Court of Protection range from District Judges through to senior High Court judges, depending on the complexity and seriousness of the issue. Many straightforward property and finance applications are dealt with on paper, while contested welfare cases can involve full hearings with witnesses, expert evidence, and representation from the Official Solicitor acting on behalf of the person at the centre of proceedings. Our guide to Court of Protection hearings explains what actually happens at a hearing, in London and at regional venues.

The legal test: capacity and best interests

Every decision the Court makes, and every decision a deputy or attorney later makes, is governed by the same framework in the Mental Capacity Act 2005.

Section 1 sets out five guiding principles: a person is assumed to have capacity unless it is established otherwise; they must be given all practicable support to make their own decision first; making an unwise decision does not, by itself, mean someone lacks capacity; anything done for or on behalf of a person who lacks capacity must be done in their best interests; and it must be the option least restrictive of their rights and freedoms.

Sections 2 and 3 define lack of capacity: a person lacks capacity to make a particular decision if, because of an impairment of or a disturbance in the functioning of the mind or brain, they cannot understand, retain, use or weigh the relevant information, or communicate their decision by any means. Capacity is decision-specific and time-specific — someone may lack capacity to manage complex finances but retain capacity to decide where they want to live, and their capacity can also fluctuate.

Section 4 then sets the best-interests checklist that applies once a lack of capacity is established: considering all the relevant circumstances, involving the person as far as possible, consulting anyone engaged in their care, and never deciding merely on the basis of age, appearance, or a condition that might lead to unjustified assumptions. This checklist binds the Court, deputies, attorneys, and anyone else acting on the person's behalf.

Deputy or attorney: which route applies

• Attorney. Appointed by the person themselves, in advance, through a Lasting Power of Attorney under sections 9 to 14 of the Mental Capacity Act 2005 (or an older Enduring Power of Attorney), while they still have the capacity to choose. LPAs must be registered with the Office of the Public Guardian before they can be used.
• Deputy. Appointed by the Court of Protection under section 16 after the person has already lost capacity and no valid LPA or EPA is in place. Deputyship is generally slower to set up, involves an application fee, and is more closely supervised by the OPG on an ongoing basis.

If the person still has capacity, making an LPA is almost always the faster, cheaper and more flexible option, which is why it is widely encouraged as advance planning. Deputyship exists as the fallback where that step was never taken. Our guide to appointing a property and financial affairs deputy and our Form COP1 guide go through the deputyship route in detail; if you are wondering whether an existing deputy's powers need to change, see varying a deputy's powers (COP GN3).

What the Court can decide

Beyond deputyship, the Court's powers cover a wide range of situations:

• One-off declarations under section 15 — for example, confirming whether someone has capacity to make a particular decision, or whether a proposed act would be lawful. The Court can also make a single decision itself under section 16(2)(a) — for example, authorising one significant transaction — without appointing an ongoing deputy.
• Selling or dealing with a protected person's property, including jointly owned property — see our guide to selling jointly owned property (COP GN2).
• Statutory wills and gifts from the person's funds, where the Court authorises a will or gift on their behalf because they cannot make one themselves — see our guide to statutory wills and gifts (COP GN8).
• Personal welfare decisions, including where someone lives and who they have contact with, though GOV.UK is clear these orders are less common than property and financial appointments — see our guide to personal welfare applications (COP GN4).
• Disputes about a Lasting or Enduring Power of Attorney, including objections to registration and applications to remove an attorney who is not acting properly.
• Serious medical treatment decisions, discussed further below.

Applying to the Court: the main steps

1. Consider whether capacity is genuinely in question, and whether a less formal route exists. Because capacity is decision-specific under the Mental Capacity Act, think carefully about which decision is in issue before applying — and whether a Lasting Power of Attorney is still possible if the person retains capacity for that purpose.
2. Gather evidence of capacity. Most applications require a formal capacity assessment, recorded on Form COP3 and typically completed by a GP, social worker, psychiatrist, or specialist assessor who has met the person and can explain, with reasons, why they cannot make the relevant decision for themselves.
3. Choose the right application and forms. The most common route is a deputyship application using Form COP1 together with COP1A (property and finance) or COP1B (welfare). Other applications, such as one-off orders, statutory wills, or urgent decisions, use different forms — see GOV.UK's Court of Protection forms and guidance collection or our guide to the COP form series for how the numbering works.
4. Notify the person and at least three others with an interest in their welfare. This is a legal requirement, not a formality — it gives family members and others a genuine opportunity to support or object to the application, and the Court expects to see it has been done properly before making an order.
5. Submit the application and pay the fee. Applications go to the Court of Protection, with the fee payable to HM Courts & Tribunals Service. The Court will then either deal with the matter on the papers or list a hearing.

Costs and the Office of the Public Guardian

As at 2026, GOV.UK sets the standard Court of Protection application fee at £421, with a further £259 payable if the Court decides a hearing is needed. Once appointed, deputies typically also pay a one-off £100 assessment fee and an annual OPG supervision fee of £320 (general supervision) or £35 (minimal supervision, available to some property and affairs deputies managing under £21,000). Property and affairs deputies may also need a security bond. Fees are reviewed periodically and fee remission may be available on a low income — always check GOV.UK's Court of Protection fees (COP44) page and the deputy fees guidance for the current figures before relying on any specific amount.

The Office of the Public Guardian's role does not end once an order is made. It registers Lasting and Enduring Powers of Attorney, maintains the register of deputies, receives deputies' annual reports, and can investigate concerns about how an attorney or deputy is acting — including, in serious cases, applying to the Court to have them removed or restricted.

Deprivation of liberty and serious medical treatment

Where care arrangements amount to a deprivation of a person's liberty, for example in a care home or hospital, that deprivation must be authorised. The current framework for this is the Deprivation of Liberty Safeguards (DoLS), an administrative scheme set out in Schedule A1 to the Mental Capacity Act 2005; a person subject to a DoLS authorisation, or someone acting for them, can apply to the Court of Protection to challenge it. A wider replacement scheme, the Liberty Protection Safeguards, was provided for by the Mental Capacity (Amendment) Act 2019, but as at 2026 it had not been brought into force and government has not confirmed an implementation date — DoLS remains the operative law, so always verify the current position on GOV.UK before relying on this.

Separately, the Court also decides serious medical treatment questions where there is dispute or uncertainty about what is in a person's best interests, including decisions about life-sustaining treatment, significant surgery, and the withdrawal of clinically assisted nutrition and hydration. These cases are handled with particular care, and the Official Solicitor is very often invited to act as litigation friend for the person at the centre of proceedings, in line with GOV.UK's practice note on appointing the Official Solicitor. Where everyone involved, including clinicians and family, agrees on capacity and best interests, and the Mental Capacity Act and relevant professional guidance have been properly followed, treatment can often proceed without an application to the Court at all — an application becomes necessary mainly where there is genuine dispute or uncertainty.

Guides in this section

This page is the overview for the Court of Protection section. For the detail on a specific situation, see:

• Form COP1: how to apply to be a deputy
• Appointing a deputy for property and financial affairs (COP GN1)
• Personal welfare applications (COP GN4)
• Selling jointly owned property (COP GN2)
• Statutory wills, gifts and settlements (COP GN8)
• Varying an existing deputy's powers (COP GN3)
• What happens at a Court of Protection hearing
• The full Court of Protection form series explained

This guide provides general information about the Court of Protection in England and Wales. It is not legal advice and is not a substitute for advice tailored to your specific circumstances. The law described was accurate as at July 2026 and is subject to change — always check GOV.UK and legislation.gov.uk for the most current position.

Last reviewed: July 2026 · Next review due: July 2027 or on legislative change.