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Making an application to the Court of Protection

There are 5 stages to consider when making an application to the Court of Protection.

Stage one

1.  Complete the application form (COP1), Annex A supporting information (COP1A).

2.  Proposed deputies complete deputy declaration forms (COP4).

3.  Doctor completed medical certificate (COP3). This may take some time to obtain.

Stage two

4.  All the above COP forms are sent to the Court of Protection with a cheque for £400 (some people may be entitled to a reduction in this fee which will be discussed with you).

5.  Court of Protection will issue the application (usually within 2 weeks) and return it to the firm.

6.  The issued application is served:

a)  personally upon the person it relates to;

b)  by post on the rest of the family.

In both cases along with a form which allows them to notify the Court of any objections they may have about the application.

7.  Notice of service forms, once completed, are sent back to the Court of Protection.

Stage three

8.  The Court will wait three weeks to see if any objections are received.

9.  After this period the file will be sent before a Judge or an authorised officer for consideration. This may take up to 8 weeks.

10.  The Judge or authorised officer makes a decision as to how the matter will progress

Stage four

11.  Details of the Security bond to be obtained are sent for the Deputy to arrange.

12.  Once the Court has received notice that the Bond is in place the order will be released.

13.  The Deputy is now in a position to start to deal with financial affairs of the person about whom the order has been made.

Stage five

14.  The Office of the Public Guardian (OPG) will contact the Deputy directly for information regarding the financial position and inform you of the level of supervision they will place you under.  They will ask for a fee for £100 for doing this.

15.  The OPG will send out leaflets relating to how the Deputy should deal with the financial affairs of the person you are now looking after and will charge £320 per annum for supervising you in this role.

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