Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
When a family member or loved one loses the ability to manage their own affairs, whether through dementia, a brain injury, a stroke, or a serious learning disability, someone has to step in to handle decisions on their behalf. If there is no lasting power of attorney already in place, the route is usually an application to the Court of Protection to be appointed as a deputy.
Form COP1 is the main application form that starts this process in England and Wales. In this guide I'll walk through what the form is for, who can complete it, what information the Court expects to see, and the other forms that usually travel alongside it. It is a detailed process, and getting the paperwork right at the outset saves a lot of time later.
What this document is
Form COP1 is the application form used to ask the Court of Protection to appoint a deputy for someone who is unable to make certain decisions for themselves. The Court of Protection operates under the Mental Capacity Act 2005, and a deputy is a person (often a relative, close friend, or in some cases a professional) given legal authority to make decisions on behalf of someone who lacks the mental capacity to make those decisions independently.
There are two main types of deputyship. A property and financial affairs deputy handles things like bank accounts, bills, benefits, and property. A personal welfare deputy makes decisions about day-to-day care, medical treatment, and where the person lives, though these orders are less common and the Court only grants them where genuinely necessary.
Form COP1 is where you set out which type of deputyship you want, why it is needed, and how you intend to act in the person's best interests.
How to use this document
Gather the background information you'll need. Before you start filling in COP1, collect the personal details of the person you want to become deputy for (often called 'P' in Court of Protection documents), details of their family members and anyone with an interest in their welfare, and a summary of their assets, income, and outgoings if this is a property and financial affairs application. 2. Complete Form COP1 itself. Work through each section carefully, explaining who you are, your relationship to P, the type of deputyship you are applying for, and the specific orders you want the Court to make. Be clear and factual. If you are asking for unusual powers, for example authority to sell a property or make gifts, you will need to flag these and explain why. 3. Prepare the supporting forms. A COP1 application is almost never submitted on its own. You will usually also need Form COP3 (an assessment of capacity completed by a doctor or other qualified professional), Form COP4 (a deputy's declaration setting out your suitability), and, for financial deputyship, Form COP1A with details of P's finances. For welfare applications you'd use COP1B instead. 4. Pay the application fee and submit to the Court. There is a fee payable when you lodge the application, and further fees may apply later for the hearing and annual supervision. Check gov.uk for the current amounts. If P has limited means, a fee exemption or remission may be available. Send the completed bundle to the Court of Protection at the address on the form. 5. Notify the relevant people. Once the Court issues your application, you have a legal duty to tell P and at least three other people connected to them (such as close family members) that the application has been made. This is done using Forms COP14 and COP15, and you then confirm to the Court that you have done it using Form COP20. Only after this is complete will the Court move towards making an order.
Q Who can apply to become a deputy using Form COP1?
Any adult over 18 can apply, but in practice the Court expects applicants to have a genuine connection to the person concerned, usually a spouse, adult child, parent, sibling, or close friend. Professional deputies such as solicitors or local authority representatives can also apply. The Court will only appoint someone it considers suitable to act in the person's best interests.
Q What is the difference between a deputy and an attorney?
An attorney is appointed under a lasting power of attorney (LPA) while the person still has capacity to choose them. A deputy is appointed by the Court of Protection after the person has already lost capacity and no valid LPA is in place. Deputyship is generally slower, more expensive, and more tightly supervised than acting under an LPA.
Q How long does a COP1 application take?
Court of Protection applications typically take several months from submission to final order, and complex or contested cases can take considerably longer. Timescales fluctuate with Court workload. Interim orders may sometimes be made sooner if there is an urgent need, for example to release funds for care fees, but you should plan on the basis that it is not a quick process.
Q Do I need a solicitor to complete Form COP1?
No, you can complete and submit COP1 yourself as a litigant in person. Many people do. That said, the paperwork is detailed and mistakes can cause delay, so some families prefer to instruct a solicitor, particularly where the estate is large, the family is not in agreement, or welfare decisions are involved.
Q What ongoing duties does a deputy have after being appointed?
A deputy must act within the terms of the Court order and always in the person's best interests, following the principles of the Mental Capacity Act 2005. Financial deputies usually have to submit an annual report to the Office of the Public Guardian and pay an annual supervision fee. Keeping clear records of decisions and transactions is essential.
Q Can more than one person be appointed as deputy?
Yes. The Court can appoint joint deputies (who must act together), joint and several deputies (who can act together or individually), or a mix depending on the decision involved. You can specify your preference on Form COP1, but the Court will decide what is appropriate based on the circumstances and how well the proposed deputies are likely to work together.
Q What happens if someone objects to my application?
Any person notified of the application can object by filing Form COP5 within the time limit. If an objection is made, the Court will usually list a hearing where both sides can present their case. This can extend timescales significantly and may increase costs, particularly if lawyers become involved on one or both sides.
Applying to the Court of Protection is a significant step, and it helps to talk it through before you commit to the paperwork. An experienced legal adviser can help you think through your options based on what you describe about the person's situation and your role.
✓Plain-English answers to your specific questions about the COP1 process
✓Practical perspective on whether deputyship fits your circumstances
✓What to watch out for when preparing your application
✓Clarity on the supporting forms and notifications you'll need to handle
Personal call · For information only · Independent advisers
Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
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.