Court of Protection and deputyship: when there’s no power of attorney

If your parent can no longer manage their money or make decisions and never made a Lasting Power of Attorney, you can apply to the Court of Protection to be appointed their deputy. A property and financial affairs deputy can run bank accounts, pay care fees and sell a house with the court’s authority; a health and welfare deputy is appointed far less often. The application fee is £432 from 13 July 2026, plus a £100 assessment fee and an annual supervision fee of £320 (or £35 for smaller estates) paid to the Office of the Public Guardian.

In short

• Deputyship is needed when someone lacks mental capacity under the Mental Capacity Act 2005 and has no valid Lasting Power of Attorney or Enduring Power of Attorney.
• The main forms are COP1 (application), COP1A (financial information) or COP1B (welfare), COP3 (capacity assessment by a practitioner) and COP4 (deputy’s declaration).
• Fees: £432 application fee (per type of deputyship), £266 hearing fee if one is needed, £100 new deputy assessment fee and £320 a year general supervision or £35 minimal supervision.
• Minimal supervision can apply to property and affairs deputies managing under £21,000. Supervision fees can be reduced or waived if the person gets certain benefits or has income under £12,000; help with the application fee is assessed separately.
• Most property and affairs deputies must buy a security bond, an insurance policy whose premium depends on the value of the assets.
• If your parent’s only income is benefits, a DWP appointee may be enough and is free.

When deputyship is needed

A deputy is someone the Court of Protection authorises to make decisions for a person who lacks capacity to make those decisions themselves. Section 16 of the Mental Capacity Act 2005 gives the court the power to appoint one. It is needed when:

• your parent lacks capacity to manage their finances or welfare, as shown by a mental capacity assessment;
• they did not make a Lasting Power of Attorney while they could, or an Enduring Power of Attorney before October 2007;
• decisions are needed that cannot be handled informally, such as accessing savings, selling a house to pay care fees or dealing with a pension.

Once someone has lost capacity, it is too late to make a Lasting Power of Attorney. If your parent still has capacity, even with an early dementia diagnosis, an LPA is far cheaper and quicker. Compare the two in our guide to LPA or deputyship and see what an LPA costs.

Property and affairs vs health and welfare deputies

Health and welfare decisions are usually made under the best interests process in section 4 of the Act, with the family consulted, rather than by a deputy. The court generally appoints a welfare deputy only where there are repeated, serious decisions or ongoing disputes.

How to apply: step by step

1. Get a capacity assessment on form COP3. A doctor or other qualified practitioner, such as a social worker or psychologist, completes part B. If you cannot get one, explain why on a COP24 witness statement.
2. Complete the application. COP1, plus COP1A for property and affairs or COP1B for welfare, and COP4, your declaration as proposed deputy. You can apply online or by post.
3. Tell the person. You or a representative must visit your parent, explain the application and give them the notice forms and a COP5 acknowledgement form so they can respond or object.
4. Tell at least three other people who know them, such as relatives, a social worker or GP. They get 14 days to respond. If you cannot find three, explain why on a COP24.
5. Pay the fees and submit. For property and affairs applications, send everything within 3 months of notifying people, or you must start again.
6. Wait for the order. The court may approve it, ask for more information, order a hearing or require you to set up a security bond before the order is issued.

GOV.UK does not give a set processing time. Applications commonly take several months, and longer if information is missing or someone objects. Fill in the COP1A carefully, with full details of income, savings and property, as gaps are a common reason for delay.

Fees and ongoing costs

Fees are usually paid from your parent’s money once you are appointed, and you can reclaim reasonable costs. You may get help with the application fee based on your parent’s finances (for a property and affairs deputy) or your own (for a welfare deputy). Supervision fees can be reduced or waived if your parent gets certain means-tested benefits or has income under £12,000 a year.

Worked example

David’s mother has advanced vascular dementia and £60,000 in savings plus a house. There is no LPA, and her care home is asking for fees. David applies to be her property and affairs deputy. He pays the £432 application fee, the court issues the order without a hearing, and he pays the £100 assessment fee and a security bond premium. Because she has more than £21,000, he is placed on general supervision at £320 a year and must file an annual deputy report. In the first year, fees total about £852 plus the bond, all reimbursed from his mother’s funds. Meanwhile the council can consider a deferred payment agreement or the 12-week property disregard while the house is dealt with.

Your duties as a deputy

A deputy must follow the five principles of the Mental Capacity Act and act in the person’s best interests. In practice you must:

• keep your parent’s money separate from your own, in an account in their name;
• keep receipts and records of every significant transaction;
• submit an annual deputy report to the Office of the Public Guardian;
• involve your parent in decisions as far as possible;
• ask the court before doing anything outside the order, such as making large gifts or selling the house if the order does not cover it.

Deputies are watched more closely than attorneys. The OPG can visit, ask for documents and apply to remove a deputy. Be careful with gifts and transfers: councils assess deprivation of assets when working out care fees, whoever made the transfer.

Alternatives to deputyship

DWP appointee

If your parent’s only income is State Pension and benefits such as Attendance Allowance or Pension Credit, you may not need a deputy. A DWP appointee can claim and manage those benefits and use them to pay bills and care costs. It is free. Phone the office that pays the benefit; the DWP visits your parent, interviews you and completes form BF56, then confirms the appointment on form BF57. An appointee cannot touch savings, bank accounts or property.

Other options

• Small sums. Some banks allow a third party mandate or limited access for small balances, but not once the account holder lacks capacity to authorise it.
• Single orders. The court can make a one-off decision, such as approving a house sale, without appointing an ongoing deputy.
• Council or panel deputy. If no family member can act, the council or a professional deputy may apply. Professionals charge fees set by the court.
• Informal decisions. Section 5 of the Act lets carers make everyday care decisions in someone’s best interests without any court order.

Scotland and Northern Ireland

Deputyship applies in England and Wales. In Scotland, families apply to the sheriff court for a financial or welfare guardianship order under the Adults with Incapacity (Scotland) Act 2000, supervised by the Office of the Public Guardian (Scotland). In Northern Ireland, the Office of Care and Protection appoints a controller. Procedures and fees differ, so check with the relevant court.

Frequently asked questions

How much does it cost to become a deputy in 2026?

The Court of Protection application fee is £432 for applications received from 13 July 2026, and £266 more if a hearing is needed. After appointment, the Office of the Public Guardian charges a £100 assessment fee and £320 a year for general supervision, or £35 for minimal supervision. Security bond premiums are extra. Costs are usually paid from your parent’s money.

How long does a deputyship application take?

GOV.UK does not publish a fixed timescale. Applications commonly take several months from submission, and longer if forms are incomplete, a hearing is needed or someone objects. Before submitting, you must allow 14 days for the people you notify to respond. Completing the COP1A financial form fully helps avoid delay.

What forms do I need to apply for deputyship?

You need COP1 (application form), COP1A for property and affairs or COP1B for personal welfare, COP3 (assessment of capacity by a practitioner) and COP4 (deputy’s declaration). You also serve notice on the person and at least three others, with COP5 acknowledgement forms. COP24 is used if you cannot get a COP3 or notify three people.

Can I manage my parent’s money without power of attorney?

Only in limited ways. A DWP appointee can manage benefits and State Pension for free. To access savings, bank accounts, private pensions or property after your parent has lost capacity, you will normally need a property and affairs deputyship from the Court of Protection. If your parent still has capacity, a Lasting Power of Attorney is quicker and cheaper.

What is a deputyship security bond?

A security bond is an insurance policy that protects your parent’s money if a deputy mismanages it. The Court of Protection sets the level of cover, based on the value of the assets you control, and you must set it up before the order is issued. The yearly premium is paid from your parent’s funds.

Can a deputy sell my parent’s house?

A property and affairs deputy can sell the house only if the court order allows it. Many standard orders do not, so you may need to apply to the court for specific authority. If the house is jointly owned, a trustee may also need to be appointed. Get legal advice before marketing the property.

Sources

• GOV.UK: Become a deputy
• GOV.UK: Deputy fees
• GOV.UK: Apply to be a property and financial affairs deputy
• GOV.UK: Become an appointee for someone claiming benefits
• Mental Capacity Act 2005, section 16
• Office of the Public Guardian

General information, not legal or financial advice. Figures for 2026/27, checked October 2026.

Reviewed by The Care Panel team on 29 October 2026. This guide is general information about care in England, not legal, medical or financial advice. Rules and rates change; check with your council or an adviser before making decisions.