Court of Protection UK: How It Works & When to Apply
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When someone can no longer weigh up decisions for themselves, whether that involves their money, their home, or their medical treatment, the legal system in England and Wales has a dedicated forum to step in. The Court of Protection exists to make or authorise decisions on behalf of people who lack the mental capacity to make those choices unaided.
For families watching a relative decline due to dementia, coping after a brain injury, or supporting an adult with a learning disability, this court can feel like unfamiliar territory at a stressful time. This guide walks through what the Court does, the legal framework behind it, the types of applications it hears, and the practical steps involved if you think an application may be needed for someone you care about.
Overview
The Court of Protection is a specialist court established under the Mental Capacity Act 2005, which came into force in October 2007. 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.
That 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 supervises deputies and registers Lasting Powers of Attorney, but the two bodies have different roles.
The Court itself makes the rulings; 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.
Key steps
- Consider whether capacity is genuinely in question. Capacity is decision-specific under the Mental Capacity Act. A person may lack capacity to manage complex finances but retain capacity to decide where they want to live. Before any application, think carefully about which decision is in issue and whether it can be supported in a less formal way, for example through a Lasting Power of Attorney if the person still has capacity to make one.
- Gather evidence of capacity. Most applications require a formal capacity assessment, usually recorded on form COP3. This is 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. Without this evidence, the Court has little to work with and the application is likely to stall.
- Choose the right application. The most common route is a deputyship application for property and affairs, made using form COP1 together with supporting forms such as COP1A for finances or COP1B for welfare. Other applications include one-off orders to sell a property, statutory wills, gifts from the person's funds, or urgent welfare decisions. The correct forms depend on what you are asking the Court to do.
- Notify the person and close family. Applicants must tell the person the application concerns, in a way they can understand, and notify at least three people who have an interest in their welfare, usually close relatives. This is not a formality. It gives those people a chance to object or support the application, and the Court will want to see that it has been done properly.
- Submit the application and pay the fee. Applications go to the Court of Protection in London, with the application fee payable to HMCTS. Check gov.uk for the current fee and any fee remission available on low income. Once issued, the Court will either deal with the matter on the papers or list a hearing. Straightforward deputyship orders can take several months, so plan ahead where possible.
Common questions
If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.
Common questions
Q Who can apply to the Court of Protection?
Any adult with a sufficient interest in the person concerned can apply, though in practice applications are usually made by close family members, professional deputies such as solicitors, or local authority representatives. A proposed deputy does not need to be a legal professional, but they do need to be willing to take on the responsibilities, provide references, and in most cases arrange a security bond set by the Court.
Q What is the difference between a deputy and an attorney?
An attorney is appointed by the person themselves through a Lasting Power of Attorney while they still have capacity. A deputy is appointed by the Court of Protection after capacity has already been lost. Attorneys are generally quicker, cheaper, and more flexible to set up, which is why making an LPA in advance is strongly encouraged. Deputyship is the fallback where no valid LPA exists.
Q Can the Court make medical treatment decisions?
Yes. The Court of Protection can decide serious medical treatment questions where there is dispute or uncertainty, including decisions about life-sustaining treatment, serious surgery, and the withdrawal of clinically assisted nutrition and hydration. These cases are handled with particular care and the person at the centre is usually represented by the Official Solicitor to ensure their interests are properly put before the judge.
Q How long does a Court of Protection application take?
Timescales vary considerably. A straightforward property and affairs deputyship order often takes around four to six months from submission to final order, though delays are common. Urgent applications, for example where funds are needed to pay care fees, can be expedited. Contested welfare cases may take a year or more because they involve hearings, evidence, and often independent expert assessments.
Q What does it cost to apply?
There is an application fee payable to HMCTS and, for welfare or contested matters, a hearing fee may also apply. Deputies often have to pay for a medical capacity assessment, an annual supervision fee to the Office of the Public Guardian, and the cost of a security bond. Check gov.uk for the current figures, as they change from time to time and fee remission may be available.
Q What happens if family members disagree?
Disputes between relatives over welfare, care arrangements, or finances are increasingly common and the Court is used to handling them. Where disagreements cannot be resolved, the judge will hear from each side, consider the evidence, and decide what is in the person's best interests. Mediation is sometimes encouraged before matters reach a final hearing, as litigation in this area can be emotionally and financially draining.
Q Does the person at the centre of the case have a voice?
Yes. The Mental Capacity Act requires the Court to consider the person's past and present wishes, their beliefs and values, and any other factors they would be likely to consider. In many cases the Official Solicitor is appointed as litigation friend to represent them. Judges increasingly meet the person directly where that is possible and appropriate, to hear their views in their own words.
If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £89.
Sources
This guide is based on primary UK law and official guidance.
- LegislationMental Capacity Act 2005legislation.gov.uk
- Guidance · HMCTSApply to the Court of Protection (gov.uk)gov.uk
- Guidance · UK GovBecome a deputy (gov.uk)gov.uk
- Guidance · UK GovOffice of the Public Guardiangov.uk
- Guidance · UK GovMental Capacity Act Code of Practicegov.uk
Legal helpline
Thinking about an application but unsure where to start?
Court of Protection applications can feel overwhelming, particularly when you are also supporting a relative whose health is declining. An experienced legal adviser can help you think through the route that fits your circumstances, based on what you describe on the call.
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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.