Court of Protection Forms UK: COP1, COP3 & More

At a glance

• Main application form: COP1, always filed with the matching supporting annex (COP1A property and finance, COP1B personal welfare, COP1C statutory will/gift/settlement, COP1D trustee appointment, COP1E existing deputy/attorney, COP1F EPA/LPA validity).
• Capacity evidence: Form COP3, completed by the applicant (Part A) and a qualified assessor (Part B), applying the two-stage test in sections 2 and 3 of the Mental Capacity Act 2005.
• Deputy applicants also file: Form COP4, the deputy's declaration confirming suitability and understanding of the role.
• Notification and participation: Form COP5, used to notify people about the application and by anyone who wants to take part.
• Power of attorney objections: COP7 (Lasting Power of Attorney) and COP8 (Enduring Power of Attorney), both filed with the Court of Protection, not the Office of the Public Guardian.
• Deprivation of liberty (streamlined 'Re X' procedure): COP DLA (application), COP DLB (exceptional urgency), COP DLD (service/notification certificate), COP DLE (acknowledgment).
• Application fee (as at August 2026): £432, increased from £421 on 13 July 2026 — always check GOV.UK for the current figure, as fees are reviewed periodically.
• Governing legislation: the Mental Capacity Act 2005 and the Court of Protection Rules 2017.

What this document is

The Court of Protection is a specialist court in England and Wales that makes decisions about the property, finances, health, and welfare of adults who cannot make those decisions for themselves. Its powers come from the Mental Capacity Act 2005, which sets out how capacity is assessed and the principles that must guide any decision made on someone else's behalf.

Section 1 of the Act sets five statutory principles that underpin every decision made under it: a person is assumed to have capacity unless it is established otherwise; a person is not to be treated as unable to make a decision unless all practicable steps to help them have been taken without success; a person is not to be treated as unable to decide merely because they make an unwise decision; anything done for a person who lacks capacity must be done, or made, in their best interests; and any intervention should be the option least restrictive of their rights and freedom of action.

Under sections 2 and 3, a person lacks capacity for a particular decision if, at the time it needs to be made, they cannot understand the information relevant to it, retain it, use or weigh it as part of the decision-making process, or communicate their decision. Capacity is decision-specific and time-specific — someone can lack capacity for one decision (such as managing a large investment portfolio) while retaining it for another (such as choosing what to eat).

Where the court decides that appointing someone to make ongoing decisions is appropriate, section 16 of the Act allows it to appoint a deputy. The court must apply two further principles specific to deputyship: a decision made by the court itself is always preferable to appointing a deputy, and if a deputy is appointed, their powers should be as limited in scope and duration as is reasonably practicable in the circumstances.

The court also has jurisdiction to authorise a deprivation of liberty in specific circumstances outside the Deprivation of Liberty Safeguards (DoLS) scheme under Schedule A1 to the Act — for example, where an adult who lacks capacity is, in practical terms, not free to leave a supported-living or domestic setting because of the arrangements made for their care, and DoLS (which applies to care homes and hospitals) does not cover the setting. COP forms are the paperwork used to engage with the court on all of these matters, and the detailed procedure is set out in the Court of Protection Rules 2017.

Some forms start an application, such as asking to be appointed as a deputy so you can manage a relative's finances on an ongoing basis. Others provide supporting information, such as a capacity assessment completed by a doctor or other qualified professional. A few deal with urgent situations, for example where decisions about a person's liberty need to be made quickly. Each form has a specific role, and using the right combination matters, because the court will not progress an application that is incomplete.

A note on the Liberty Protection Safeguards

The Mental Capacity (Amendment) Act 2019 provided for a new scheme, the Liberty Protection Safeguards (LPS), intended to replace DoLS. As at August 2026, the LPS has not been brought into force, and DoLS continues to operate under Schedule A1 to the Mental Capacity Act 2005 for care homes and hospitals, with the Court of Protection's streamlined 'Re X' procedure (using the COP DL forms below) continuing to apply to settings DoLS does not cover. Check GOV.UK or the Court of Protection forms collection before relying on any older material that assumes LPS is already in force.

The main forms, one by one

Form COP1 and its annexes

COP1 is the core application form used for the great majority of Court of Protection applications. On its own it establishes who is applying, who the application concerns, and what kind of order is being sought — but it is very rarely filed alone. GOV.UK requires it to be accompanied by the annex that matches your type of application:

| Form | Used for | |------|----------| | COP1A | Property and financial affairs applications — for example, deputyship to manage a relative's bank accounts, pension, or property. | | COP1B | Personal welfare applications — for example, decisions about where someone lives or their medical treatment. | | COP1C | Applications for a statutory will, a codicil, gifts, a deed of variation, or a settlement, rather than full ongoing deputyship. | | COP1D | Trustee appointment or discharge applications. | | COP1E | Applications made by an existing deputy or attorney, for example to vary an existing order. | | COP1F | Applications about the validity or operation of an EPA or LPA. |

Filing the wrong annex, or omitting it entirely, is one of the most common reasons an application is returned or delayed, so identify which category your situation falls into before you start.

Form COP3: assessment of capacity

Form COP3 provides the court with independent evidence that the Mental Capacity Act threshold for lacking capacity is genuinely met for the specific decisions in question. It has two parts: Part A is completed by the person making the application and sets out background information about the person and the decisions at issue. Part B is completed by a suitably qualified assessor — commonly a GP, psychiatrist, registered social worker, psychologist, occupational therapist, or specialist nurse who knows the person or has carried out an assessment — who applies the two-stage test in sections 2 and 3 of the Act and must be free from any conflict of interest. Some assessors charge a fee for completing the form; check this in advance.

Form COP4: the deputy's declaration

If you are asking to be appointed as deputy, COP4 is where you set out information about yourself, confirm you understand the responsibilities involved, and declare that you are suitable for the role — including any relevant financial or criminal history that could affect your suitability. The court takes this declaration seriously, because deputies hold significant power over another person's life and finances, so complete it carefully and truthfully. A dishonest or incomplete COP4 can be grounds for the Office of the Public Guardian or the court to refuse or later revoke an appointment.

Form COP5: notification and participation

The Court of Protection Rules require the applicant to notify the person the application concerns (referred to in proceedings as "P"), and often close family members, that an application has been made. Form COP5 is completed by anyone who has been notified and wants to formally take part in the proceedings, or who is asked to acknowledge that they have been served with or notified of the application. Returning a completed COP5 promptly avoids the court chasing outstanding responses, which can delay listing.

Forms COP7 and COP8: power of attorney objections

COP7 is used to object to the registration of a Lasting Power of Attorney, for example where there are concerns about how the LPA was made, about the donor's capacity at the time it was signed, or about the proposed attorney's conduct. COP8 is used for applications relating to the registration of an Enduring Power of Attorney — the older style of power of attorney that could only be created before it was replaced by LPAs on 1 October 2007. Existing EPAs made before that date remain valid and can still be registered and used; COP8 covers objections to registration as well as certain other EPA-related applications. Both forms are filed with the Court of Protection itself, not the Office of the Public Guardian, which handles the underlying registration.

The COP DL forms: deprivation of liberty (streamlined 'Re X' procedure)

Where an adult who lacks capacity is, in practical terms, not free to leave their care setting because of the arrangements made for them, and the setting is not covered by the DoLS scheme, an application can be made using the streamlined procedure established following the Court of Protection's Re X line of case management. COP DLA is the application form for urgent consideration. COP DLB is a declaration of exceptional urgency, filed alongside COP DLA where the case cannot wait for the normal timetable. COP DLD is the certificate confirming who has been served with, or notified of, the application. COP DLE is the acknowledgment completed by those who have been served or notified. These forms exist alongside, and serve a different purpose from, the standard DoLS authorisation process used in care homes and hospitals under Schedule A1 to the Mental Capacity Act 2005.

How to use these forms together: a step-by-step approach

1. Work out what you are actually asking the court to do. Before touching any forms, be clear on whether you need ongoing authority to make decisions (a deputyship), a one-off decision on a specific issue (such as a statutory will), or something urgent relating to deprivation of liberty. The type of application drives which COP forms you need, so getting this right at the start saves considerable time later.
2. Gather the core application pack. For most deputyship applications this means Form COP1 as the main application, together with the relevant annex (COP1A, COP1B, COP1C, COP1D, COP1E, or COP1F, as set out above).
3. Arrange a capacity assessment using Form COP3. Without a properly completed COP3, the court has no independent evidence that the Mental Capacity Act threshold has been met, and your application is unlikely to proceed.
4. Complete your deputy's declaration on Form COP4, if you are applying to be appointed deputy.
5. Notify the right people. The rules require you to notify P and, usually, close family members that an application has been made. Form COP5 is used by anyone who wants to formally take part.
6. File the application and pay the fee. As at August 2026, the standard application fee is £432 (increased from £421 on 13 July 2026). Check the current figure and any hearing fees on GOV.UK before sending your application, since fees are reviewed periodically. If income and savings are limited, consider applying for fee remission using Form EX160.
7. Respond promptly to any court directions. The court may ask for further information, a hearing, or additional evidence. Delays in responding are one of the most common causes of applications taking longer than expected.

Worked example: a straightforward property and finance deputyship

Priya, a fictional example, wants to be appointed deputy for her father, who has advanced dementia and can no longer manage his bank accounts or pay his bills. She files Form COP1 together with COP1A (property and financial affairs). Her father's GP completes Part B of Form COP3, confirming he cannot understand, retain, or weigh the information needed to manage his finances, applying the test in sections 2 and 3 of the Mental Capacity Act 2005. Priya completes Form COP4, declaring her suitability to act. She notifies her sibling, who is asked to complete Form COP5 to confirm they do not wish to object. She pays the £432 application fee. Because the application is uncontested and the paperwork is complete, the court is able to progress it without a hearing — though timescales still depend on the court's workload.

Worked example: an urgent deprivation of liberty application

Tom, a fictional example, supports his adult brother, who lacks capacity and lives in a supported-living placement (not a care home, so DoLS does not apply) where the arrangements amount to a deprivation of liberty that urgently needs court authorisation because of a sudden change in his brother's presentation. The applicant files Form COP DLA together with Form COP DLB, setting out the reasons for the urgency and a draft order, so the court can consider the matter on an expedited basis rather than through the standard timetable.

Fees and fee remission

The Court of Protection charges a fee for most applications. As at August 2026, the standard application fee is £432, having increased from £421 on 13 July 2026 under the Court and Tribunal Fees (Miscellaneous Amendments) Order 2026, which uprated a range of court and tribunal fees in line with inflation. Additional fees can apply for certain hearings and for copies of documents. Fees are reviewed periodically, so always check GOV.UK for the current amount before submitting your application.

If the person the application concerns, or the applicant, has a low income and limited savings, an application for full or partial fee remission can be made using Form EX160. In some cases the fee is instead paid from the assets of the person the application is about, particularly in property and finance deputyship cases where the deputy will go on to manage those assets.

Common mistakes that delay applications

• Filing COP1 without the matching annex, or filing the wrong annex for the type of decision needed.
• An incomplete or unsigned COP3, or a COP3 completed by an assessor with a conflict of interest (for example, a family member who is also a healthcare professional).
• Missing or late notification, where people who should have been notified under the Court of Protection Rules 2017 were not, leading the court to adjourn while proper notice is given.
• Assuming a fee waiver applies automatically — Form EX160 must be submitted and assessed; it is not granted by default.
• Treating an EPA registration objection and an LPA registration objection as interchangeable — COP8 and COP7 apply to different instruments and cannot be swapped.
• Confusing DoLS authorisation with a Court of Protection deprivation of liberty application — DoLS is administered by the local authority or NHS body for care homes and hospitals; the COP DL forms are for the court's separate streamlined procedure and apply where DoLS does not.

Next steps

If you are unsure which combination of forms fits your situation, or your application involves a dispute between family members, a contested welfare decision, or an urgent deprivation of liberty issue, it is worth talking it through before you file anything. Getting the paperwork right the first time avoids the delays that come from a returned or incomplete application.

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

Last reviewed: August 2026 by a non-practising solicitor · Next review due: August 2027 or on legislative change.