A Court of Protection application is required when someone lacks the mental capacity to make decisions about their finances, health, or welfare. The court ensures those decisions are made lawfully and in the person’s best interests. This guide answers common questions about who can apply to the Court of Protection, how the process works, how long it takes, and what costs are involved. The answers will give families and individuals information about the application process for Court of Protection matters.
What is a Court of Protection application?
A Court of Protection application is a formal request to the court to make decisions for someone who lacks mental capacity, or to appoint another person, called a deputy, to make those decisions on their behalf.
There are three main types of COP applications:
- Property and financial affairs deputyship: covers money, bills, savings, pensions, and property
- Personal welfare deputyship: also known as health and welfare deputyship, covers medical treatment, care arrangements, and where the person lives
- A one-off court decision: for a specific decision/question that cannot be resolved any other way, e.g., selling a home or a specific care dispute
For example, if an elderly parent with dementia can no longer manage their finances or pay bills, their adult child can apply to the Court of Protection to be appointed their financial deputy.
Who can apply to the Court of Protection?
Anyone with a legitimate interest in the person’s welfare can submit an application to the Court of Protection, including family members, friends, solicitors, and social workers. Most Court of Protection applications are made by relatives or carers, but professional deputies, such as solicitors or brain injury case managers, are sometimes appointed when the case is complex or family relationships are strained.
Do you need a solicitor to apply to the Court of Protection?
You don’t have to use a solicitor to make an application to the Court of Protection, but many people find it helpful. Applying to the Court of Protection involves several forms and legal requirements, and mistakes can delay an application for months.
If the case is straightforward, families can often complete the application themselves using guidance available on the UK Government website. However, when there are disagreements about who should act or when decisions involve large sums of money, getting legal advice is a good idea.
How do you make a Court of Protection application?
The process of applying to the Court of Protection begins with completing the required forms and gathering supporting evidence. The main forms include:
- COP1: the application form explaining what decision you’re asking the court to make
- COP3: the mental capacity assessment form, completed by a qualified professional such as a social worker, nurse, doctor, psychologist, or independent capacity assessor
- COP4: a declaration by the proposed deputy confirming they understand their responsibilities
Once these are complete, the forms are sent to the Court of Protection in London (either online or by post). The court reviews the information and, if everything is in order, issues an order or schedules a hearing.
For property and financial affairs applications, the process is usually paper-based, but some complex welfare cases may require a short court hearing.
How much does a Court of Protection application cost?
The cost of making a Court of Protection application depends on several factors, including the type of order you’re applying for and whether a court hearing is required.
Applicants usually pay a fixed application fee, and additional fees may apply if the court holds a hearing or requests further documentation. You may also need to budget for the cost of a mental capacity assessment, legal representation, or a security bond if you’re appointed as a deputy. Fee exemptions or reductions may be available, depending on income and savings.
As of April 2025, Court of Protection fees include the following:
- Application fee: £421.
- Hearing fee: £259.
- Appeal fee: £265.
- Copies: £5 per document.
For the most up-to-date information on official Court of Protection fees, visit the UK Government website.
How long do Court of Protection applications take?
A typical Court of Protection application takes four to six months from submission to final order. However, the timescale depends on several factors, such as:
- The completeness of the paperwork
- The need for a court hearing
- Whether there are any objections or disputes
- Current court workloads
Urgent or emergency COP applications can be fast-tracked in serious situations, such as when someone’s health or financial security is at risk.
Can you fast-track a Court of Protection application?
Yes. The court can deal with applications urgently if a delay could cause harm or hardship. For example, if someone needs immediate access to funds to pay for care or life-saving treatment, an urgent application can be processed within days.
Supporting evidence must show why the situation is critical. A solicitor or experienced catastrophic injury case manager can often help prepare the documents quickly to avoid unnecessary delays.
What is a security bond in Court of Protection cases?
If the court appoints a deputy to manage someone’s finances, the deputy usually has to take out a security bond. This is a type of insurance that protects a person’s assets in the event of financial mismanagement or fraud.
The security bond is arranged through an approved provider and must remain active throughout the deputyship. The cost depends on the person’s total assets, but it is generally modest compared to the protection it offers.
How long does a Court of Protection order last?
A deputyship order has no fixed end date. It continues as long as the person lacks mental capacity or until the court decides it is no longer necessary. If the person’s condition improves, for instance, after rehabilitation from a brain injury, the court can review the situation. If a new capacity assessment confirms improvement, the order can be discharged, and control returned to the individual.
When does a Court of Protection order take effect?
A deputyship order usually takes effect as soon as it is issued by the Court of Protection. However, before managing the person’s affairs, the deputy must register the order with the Office of the Public Guardian (OPG). This ensures that all actions taken on behalf of the individual are properly authorised and monitored.
Is it easy to apply for a deputyship?
The process is not difficult in principle, but it can be detailed and time-consuming. You can read our easy-to-follow guide on applying for deputyship to understand the steps involved. Each form must be completed accurately, and the supporting evidence must meet legal standards.
For many families, the most time-consuming step is obtaining the COP3 assessment and gathering documents that demonstrate the person’s lack of capacity. However, with reliable support, most applications progress smoothly. For example, OFH Care can complete Part B of the COP3 form after conducting a formal capacity assessment. This, along with other documents, can be sent by the applicant to ensure the court receives all necessary information without delay.
Where do you send Court of Protection application forms?
You can submit Court of Protection forms in two ways:
Online portal: for property and financial affairs deputyship applications
By post: Court of Protection, PO Box 70185, First Avenue House, 42–49 High Holborn, London WC1A 9JA
Pro tip: always keep copies of everything submitted, as the court will not return original documents.
What happens if someone objects to the application?
If a family member or other party objects, the court will usually schedule a hearing. Everyone involved will have the chance to present their views. The judge may request additional evidence, such as witness statements or medical reports.
The court’s role is to act in the best interests of the person who lacks capacity, so the final decision may not always reflect family preferences.
Can you appeal a Court of Protection decision?
Yes. If you believe the court’s decision was incorrect or unfair, you can apply for permission to appeal. Appeals are heard by a higher judge within the Court of Protection, and you’ll usually need legal advice before proceeding.
Can a person regain control of their affairs?
Yes. Capacity can change over time, particularly after treatment or rehabilitation. If a later assessment shows the person has regained the ability to make their own decisions, the deputy or solicitor can apply to the court to end the order.
This ensures that individuals always retain as much independence as possible, in keeping with the principles of the Mental Capacity Act 2005.
What support is available when making a Court of Protection application?
Applying to the Court of Protection can feel overwhelming, but support is available. Mental capacity assessors, case managers, and social workers can help families gather evidence and understand each step.
Organisations such as OFH Care specialise in providing expert mental capacity assessments, completing the COP3 form, and guiding families through the process. This ensures applications are accurate, lawful, and handled with compassion.
Conclusion
Court of Protection applications ensure that decisions are made safely and lawfully for people who cannot make them independently. While the process involves paperwork and patience, understanding what to expect can help you feel more confident and in control.
Whether you’re managing a parent’s finances, supporting someone after a brain injury, or helping a client as a solicitor, the right guidance makes a complex process far smoother. If you’re preparing to apply to the Court of Protection or need a COP3 assessment, contact OFH Care today for expert guidance and support.