Deputyship and the Court of Protection — when there is no Lasting Power of Attorney
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Quick answer: If someone in England or Wales already lacks mental capacity and has no Lasting Power of Attorney, you cannot make one for them. You apply to the Court of Protection to become a deputy. The application fee is £432 per type of deputyship (2026), plus £266 if there is a hearing, a £100 OPG assessment fee for new deputies, and yearly supervision of £320 (or £35 if you manage under £21,000). A DWP appointee is enough if you only need to manage benefits.
Deputyship is the failure path of the LPA cluster: slower, more expensive, and supervised. Check for an existing LPA or enduring power of attorney before you apply. Official: www.gov.uk/become-deputy
Skip this if: Skip this if the person still has capacity — make an LPA instead: Lasting Power of Attorney. Scotland uses guardianship, Northern Ireland a controller. This is not a court form and not legal advice.
Last reviewed:
Read the full family & care guide →Quick answer: What is a deputyship? →Primary source: www.gov.uk/become-deputy
Deputy vs attorney vs appointee
An attorney under a registered LPA was chosen by the person while they had capacity. A deputy is chosen by the court after capacity is lost. An appointee only deals with benefits paid by DWP or HMRC credits — they cannot sell a house or run a current account that is not the benefit account.
There are two deputy types: property and financial affairs, and personal welfare. The court is slow to appoint welfare deputies; it often prefers a one-off order for a single decision. You cannot be a personal welfare deputy for someone under 16.
| Fee | Amount |
|---|---|
| Application (per type) | £432 |
| Hearing (if listed) | £266 |
| New deputy assessment | £100 |
| General supervision (yearly) | £320 |
| Minimal supervision (estate under £21,000) | £35 |
How do I apply?
Use the GOV.UK deputy service. You will need a COP3 mental-capacity assessment from a doctor or other qualified practitioner, details of family who must be notified, and the fee (exemptions and remissions exist if the person is on certain benefits or has income under £12,000). Property applications assess the person’s finances; welfare applications assess yours.
If appointed, you get a court order, may have to buy a security bond, and must file an annual deputy report with the Office of the Public Guardian. Steps: how to apply for deputyship. Make an LPA while capacity remains: how to register an LPA.
Scotland and Northern Ireland
Scotland: you cannot be a Court of Protection deputy. Apply for a guardianship or intervention order in the sheriff court, or use a continuing and welfare power of attorney made while the person still had capacity.
Northern Ireland: apply to become a controller through the Office of Care and Protection, not the England and Wales OPG.
Common questions
Can I just use their bank card?
No. Banks freeze accounts when they know capacity is lost unless there is an attorney or deputy (or a limited third-party mandate they already accepted). Acting without authority is a risk to you and to them.
How long does deputyship take?
Often several months. That is why LPAs are made in advance. A one-off Court of Protection order can be faster for a single urgent decision.
Are the fees refundable?
The application fee can be refunded if the person dies within five days of the court receiving the application. Supervision is apportioned if the deputyship ends mid-year. Check live GOV.UK fee help.