Vary Deputy Powers UK: COP GN3 Application Guide

Overview

A deputyship order is the document that defines a deputy's role. It is issued by the Court of Protection under sections 16 to 22 of the Mental Capacity Act 2005, and it tells you exactly which decisions you are permitted to take on behalf of someone who lacks the mental capacity to make those decisions themselves.

Orders fall broadly into two categories: property and financial affairs, and personal welfare. Most deputyships concern money and property. An application to vary your powers is the formal way of asking the court to widen, narrow, or otherwise adjust what the original order allows.

You might need this because circumstances have shifted, because a specific transaction falls outside the current wording, or because the person's needs have changed over time. The court will only agree to changes that are in the best interests of the person who lacks capacity, and it will want to see a proper explanation of why the variation is needed.

Key steps

1. Check your current order carefully. Before applying for anything new, read the original deputyship order in full. Many deputies discover that powers they thought were missing are actually already included, just worded in a way that was not obvious. Identify precisely what is missing and why it matters for the decisions you now need to make.
2. Gather supporting information. The court will want context. Pull together details of the person's current situation, the specific decision or transaction that has prompted your application, any valuations or financial figures, and evidence that what you are proposing is genuinely in their best interests. Medical or capacity assessments may also be relevant depending on the variation sought.
3. Complete the correct application forms. Applications to vary a deputyship use the Court of Protection's application forms, typically a COP1 along with supporting forms such as the COP24 witness statement. The forms ask you to set out what you are asking for, why, and how it benefits the person who lacks capacity. Take time over the wording.
4. Pay the application fee and submit. A court fee applies to variation applications, and the amount can change, so check gov.uk for the current figure. In many cases the fee can be paid from the funds of the person who lacks capacity, provided your existing order allows this. Send the bundle to the Court of Protection by the method they currently accept.
5. Notify the right people and await the decision. You will usually need to tell the person who lacks capacity about the application, along with other relevant parties such as family members or attorneys. The court may decide on the papers alone or set the matter down for a hearing. Respond promptly to any requests for further information.

Common questions