Form COP1 UK: Apply to Be a Court of Protection Deputy

At a glance

• What it is: Form COP1 is the main application to the Court of Protection to be appointed as someone's deputy, so you can make decisions on their behalf once they lack the mental capacity to make those decisions themselves.
• Legal basis: the Mental Capacity Act 2005 — the presumption of capacity and the guiding principles (s.1), the test for lack of capacity (ss.2–3), and the best-interests checklist (s.4).
• Two types of deputy: property and financial affairs, and personal welfare. You can apply for one or both.
• The wider form set: COP1 plus COP1A (property and finance) or COP1B (personal welfare), COP3 (assessment of capacity, completed by a doctor or other qualified professional), and COP4 (your declaration as proposed deputy).
• Application fee (June 2026): £421, plus £259 if the Court decides a hearing is needed — check GOV.UK's Court of Protection fees (COP44) page, as fees change from time to time.
• After appointment: a one-off £100 assessment fee, then an annual supervision fee to the Office of the Public Guardian — £320 for general supervision or £35 for minimal supervision, due 31 March each year.
• Objections: anyone notified of the application can object using Form COP5 within the stated time limit, which usually leads to a hearing.

What Form COP1 is for

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 by court order to make decisions on behalf of someone who lacks the mental capacity to make those decisions independently.

Form COP1 is where you set out who you are, your relationship to the person, which type of deputyship you want, and how you intend to act in that person's best interests. It is rarely submitted on its own: the Court expects it alongside a supporting annex and evidence of the person's lack of capacity (see "The form set that goes with COP1" below).

The two types of deputyship

Property and financial affairs deputy

A property and financial affairs deputy handles things like bank accounts, bills, benefits, pensions, and dealing with property. This is the more common route and the one most families use when someone can no longer manage their own money.

Personal welfare deputy

A personal welfare deputy makes decisions about day-to-day care, medical treatment, and where the person lives. GOV.UK is clear that these orders are less common — the Court will usually only appoint a personal welfare deputy where there's genuine doubt whether decisions will be made in the person's best interests, for example because the family disagrees about care, or where someone needs ongoing authority over a specific issue such as where the person will live. See our guide to personal welfare applications for more on when this route is used instead of a one-off order.

You can apply to be one type of deputy or both on the same COP1 form, but the application fee is payable separately for each type.

The legal test: Mental Capacity Act 2005

Every deputyship application, and every decision a deputy later makes, is governed by the Mental Capacity Act 2005. Two parts of the Act matter most:

• Sections 1–3 — the capacity test. Section 1 sets out the guiding principles: a person is assumed to have capacity unless it's established otherwise; they must be given all practicable support to make their own decision first; an unwise decision alone does not mean someone lacks capacity; and anything done on their behalf must be in their best interests and the least restrictive option available. Sections 2 and 3 define lack of capacity: a person lacks capacity if, because of an impairment or disturbance in the functioning of the mind or brain, they cannot understand, retain, use or weigh the relevant information, or communicate their decision.
• Section 4 — best interests. Anyone making a decision for someone who lacks capacity, including a deputy, must work through the best-interests checklist in section 4: considering all relevant circumstances, involving the person as far as possible, consulting anyone engaged in their care, and never deciding simply on the basis of age, appearance, or a condition that might lead to unjustified assumptions.

This test is what the Court applies when deciding whether a deputy is needed at all, and it's the standard every deputy must keep applying after appointment.

The form set that goes with COP1

A COP1 application is almost never submitted alone. Depending on the type of deputyship, you'll typically also need:

• Form COP1A (property and finance) or Form COP1B (personal welfare) — the supporting annex setting out details of the person's finances, or the specific welfare decisions you're asking the Court to authorise.
• Form COP3 — an assessment of the person's capacity, completed by a GP, psychiatrist, or other suitably qualified professional.
• Form COP4 — your declaration as the proposed deputy, confirming your suitability to act.

The current versions of all these forms, and the wider COP series used at later stages of a case, are listed in GOV.UK's Court of Protection forms and guidance collection. See our guide to the COP form series for how the numbering works across the whole process.

Fees for 2026

As at June 2026, GOV.UK's published fees are:

| Stage | Fee | |-------|-----| | Application (COP1) | £421 | | Hearing (if the Court decides one is needed) | £259 | | New deputy assessment (one-off) | £100 | | Annual supervision — general | £320 | | Annual supervision — minimal (some property and affairs deputies managing under £21,000) | £35 |

Fees are reviewed periodically, so treat these figures as a snapshot and check GOV.UK's Court of Protection fees (COP44) page for the current amounts before you pay. If you're applying to be a property and affairs deputy, the application fee can usually be recovered from the person's own funds once you have access to them, and it's refunded in full if the person dies within 5 days of the Court receiving the application. Fee remission or exemption may be available if the person's income is below £12,000 or they receive certain means-tested benefits — GOV.UK's Form COP44A covers this.

Property and affairs deputies may also need to pay for a security bond, a form of insurance protecting the person's estate, unless the Court decides it's unnecessary (for example where the estate is low value) or the applicant is a local authority.

How to apply — step by step

1. Gather the background information you'll need. Collect the personal details of the person you want to become deputy for (often called "P" in Court of Protection documents), details of family members and anyone with an interest in their welfare, and — for a property and financial affairs application — a summary of their assets, income, and outgoings.
2. Complete Form COP1 itself. Work through each section, explaining who you are, your relationship to P, the type of deputyship you're applying for, and the specific orders you want the Court to make. Be factual. If you're asking for unusual powers — for example, authority to sell a property or make gifts — flag these clearly and explain why.
3. Prepare the supporting forms. Complete COP1A or COP1B as appropriate, arrange the COP3 capacity assessment with a suitably qualified professional, and complete your own COP4 declaration.
4. Pay the application fee and submit to the Court. You can apply and upload the forms online, or send two copies of COP1 by post with a cheque payable to "HM Courts and Tribunals Service". A further fee applies if a hearing is listed, and the annual supervision fee starts once you're appointed.
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, using Forms COP14 and COP15. You then confirm to the Court that you've done this using Forms COP20A and COP20B. Only after this is complete will the Court move towards making an order.

Notifying other people

Notification isn't optional paperwork — it's how the Court gives everyone with an interest in the decision a chance to be heard before authority is handed to a deputy. As well as the person the application concerns, GOV.UK requires notification of at least three other people connected to them, using Form COP14 (proceedings notification) and Form COP15 (confirmation of proceedings). You then file Forms COP20A and COP20B to certify to the Court that notification and service have actually happened. Get this step wrong and the Court can delay or reject the application.

If someone objects to your application

Anyone who has been notified can object by filing Form COP5 within the time limit stated in the notification they received. If an objection is filed, the case is more likely to be listed for a hearing rather than dealt with on paper — see our guide to what happens at a Court of Protection hearing. Objections can add months to a case and, if legal representation becomes involved on either side, add significantly to cost. Where family members disagree about the right course, it's often worth trying to resolve the disagreement — or at least narrow it — before the application reaches a hearing.

Your duties after you're appointed

Being appointed deputy is not the end of the process — it's the start of an ongoing legal duty. A deputy must:

• Act strictly within the powers set out in the Court order — nothing more.
• Apply the Mental Capacity Act 2005 principles and best-interests checklist to every decision.
• Keep clear records of decisions, transactions, and the reasoning behind them.
• Submit an annual deputy report to the Office of the Public Guardian.
• Pay the annual supervision fee, and — for property and affairs deputies — maintain any security bond that was required.

If your circumstances or the person's needs change and the existing order no longer covers what you need to do, you apply to the Court to vary it rather than simply acting outside the order — see our guide to changing a deputy's powers.

Do you need a solicitor?

You can complete and submit Form COP1 yourself as a litigant in person, and many people do exactly that. The paperwork is detailed, though, and mistakes — an incomplete COP1A, a missed notification, a poorly evidenced request for unusual powers — can cause real delay. Families more often instruct a solicitor where the estate is substantial, there's disagreement within the family, or the application involves personal welfare decisions rather than straightforward property and financial affairs.

This guide provides general information about applying to become a Court of Protection deputy in England and Wales using Form COP1. It is not legal advice and is not a substitute for advice tailored to your specific circumstances. The law and fees described were accurate as at June 2026 and are subject to change — always check GOV.UK and legislation.gov.uk for the most current position.

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