How to apply to be a deputy (Court of Protection)
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In short. If there is no Lasting Power of Attorney and the person already lacks capacity, apply to the Court of Protection. Pay £432 per deputyship type. Use a DWP appointee instead if you only need to manage benefits.
Scotland uses guardianship. Northern Ireland uses a controller. This is not a court form.
Last reviewed:
·Estimated time: P24W·Cost: £432 application fee per type (2026); extra hearing, bond and yearly OPG feesWhat you'll need
- COP3 mental-capacity assessment
- Details of close family to notify
- The person’s income, savings and property if applying for property and affairs
- Fee or evidence for a remission
The steps
- 01
Check an LPA or EPA does not already exist
Search the OPG register. If there is a valid attorney, you usually cannot also be a deputy. Make an LPA instead if they still have capacity: Lasting Power of Attorney.
- 02
Use an appointee if you only need benefits
A DWP appointee can receive PIP, Universal Credit or Pension Credit without a Court of Protection order.
- 03
Apply online or on paper
Follow www.gov.uk/become-deputy. Property and financial affairs and personal welfare are separate applications and separate £432 fees. Budget £266 if a hearing is listed.
- 04
After the order
Set up any security bond the court requires. Pay the £100 assessment fee if you are a new deputy. File the annual OPG deputy report. Fees: www.gov.uk/become-deputy/fees
Common pitfalls
- Acting on bank accounts before the order arrives
- Applying from Scotland or Northern Ireland to the Court of Protection
- Paying twice because you needed both deputy types and did not budget for it
FAQ
- Can fees be reduced?
- Yes if the person (property deputyship) or you (welfare deputyship) get certain benefits or have income under £12,000. Use the help-with-fees form on GOV.UK.