APPLY TO BE A DEPUTY: You need to download several different forms and fill in as much information as possible:

• Form COP1: Apply to make decisions on someone’s behalf
• Form COP3: Make a report on someone’s capacity to make decisions)
• Form COP4: Apply to become someone’s deputy (make a declaration)
• Form COP1A: Apply to make decisions on someone’s behalf (property and finance)
• Form COP1B: Apply to make decisions on someone’s behalf (personal welfare)

The ‘assessment of capacity’ (COP3) form is very important. The Court of Protection may not accept an application for deputyship if this document is missing.

Even so, it is not always possible to get an assessment on someone’s capacity to make decisions. If not, you must use Form COP24 to give a witness statement about a person who lacks capacity instead.

Note: Remember to keep a copy of each and every form that you fill in as part of the deputy application process.

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Where to Send Deputy Application Forms

You should send all the originals to the Court of Protection. They will also need two (2) copies of the application form, one (1) copy of the other forms, and a cheque to cover the deputy application fee.

Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London WC1A 9JA

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Telling People Named in the Application

Once the court receives the deputyship application, you should receive a stamped copy of it within seven (7) days. The document shows the court has ‘issued’ the application and it is being considered. You will also get a letter with further explanations on what to do next.

Once the court issues the application, you then have fourteen (14) days to ‘serve’ it to (tell):

• The person (subject) of the deputy application.
• Any other person(s) named in the application with an interest (e.g. close relatives of the person).

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Telling the Subject of the Deputy Application

Either the applicant [you] or the representative must make a visit to the person who lacks mental capacity and tell them:

• Who is making an application to become their deputy.
• That it is taking place because their ability to make decisions is being questioned.
• The consequences for them of having a deputy make decisions on their behalf.
• Where they can get advice if they want to discuss the details of the application.

The visit also gives you the opportunity to give them:

• Form COP14: Proceedings notification (Court of Protection). The guidance notes will help you fill this document in yourself.
• Form COP5: Apply to be part of Court of Protection proceedings (‘acknowledgment of service’).
• Any other supporting documentation that relates to the application.

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Telling Other People Connected to the Application

You must tell any other people named on the application that it has been ‘issued’. You will need to send:

• Form COP15: Confirmation of proceedings (Court of Protection).
• Form COP5: Apply to be part of Court of Protection proceedings (see above).
• Any other supporting documentation that relates to the application.

Note: There are several different ways you can tell these people. You can tell them by fax, email, by post to their home address, or hand delivered in person.

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Confirming You Served Notice (told people)

You must also download and fill in the most relevant forms within seven (7) days of serving the documents. This part of the deputyship application process is often called ‘certificates of service’ and confirms you told:

• Form COP20A: Certificate of Notification/Non-Notification of the person to whom the proceedings relate.
• Form COP20B: Certificate of Service/Non-Service Notification/Non-Notification (other people involved).

You should send all the forms together and at the same time to the Court of Protection. You will find their address written on the documents.

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