Property & Financial Deputy UK: COP GN1 Guide

Overview

A deputy for property and financial affairs is a person authorised by the Court of Protection to make decisions about money, assets and day-to-day finances on behalf of an individual who can no longer make those decisions themselves. The legal framework sits within the Mental Capacity Act 2005, which requires every decision to be made in the best interests of the person who lacks capacity.

Deputyship typically becomes relevant when someone has dementia, a significant brain injury, a severe learning disability, or another condition that affects their ability to understand, weigh up and act on financial matters. The powers granted to a deputy are set out in the court order itself, and they commonly include operating bank accounts, managing investments, collecting pensions, paying bills, dealing with property, and handling tax affairs.

A deputy is not free to do whatever they like. They must follow the terms of their order, keep detailed records, and report annually to the Office of the Public Guardian, which supervises deputies on behalf of the court.

Key steps

1. Check whether a deputy is actually needed. Before anything else, consider whether the person already has a valid lasting or enduring power of attorney in place. If they do, that attorney can usually act without any court involvement. Deputyship is generally only appropriate where no such document exists and the person now lacks the capacity to create one.
2. Gather the required forms and evidence. The application involves several forms, including a capacity assessment completed by a suitably qualified professional, a statement of the person's assets and income, and a declaration from the proposed deputy. The capacity evidence is central, because the court needs to be satisfied that the person genuinely cannot make these decisions themselves.
3. Submit the application to the Court of Protection. Once the paperwork is complete, the bundle is sent to the Court of Protection with the required fee. Check gov.uk for the current application fee. You must also notify certain family members and other interested parties that you are applying, giving them the opportunity to raise any objections.
4. Wait for the court to issue the order. In most cases the court decides on the papers alone without a hearing. If everything is in order and no one objects, the court will issue a deputyship order setting out exactly what you can and cannot do. Timescales vary, and straightforward cases can still take several months from start to finish.
5. Arrange security and start acting. Before the order takes full effect, you will need to put a security bond in place with an approved insurer. Once that is done, you can begin managing the person's finances within the boundaries of the order, keeping clear records and preparing for your first annual report to the Office of the Public Guardian.

Common questions