Deputies: make decisions for someone who lacks capacity
Apply to be a property and financial affairs deputy
Use these steps to become a property and financial affairs deputy or to replace an existing deputy:
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Tell the person you바카라 사이트檙e applying to be a deputy for. Ask them to complete the relevant forms.
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Tell at least 3 people connected to your application. Ask them to complete the relevant forms.
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Complete the remaining forms.
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Submit the forms online or by post.
There바카라 사이트檚 different guidance if you바카라 사이트檙e a legal professional.
Tell the person you바카라 사이트檙e applying to be a deputy for
You or your representative must visit the person and tell them:
- who바카라 사이트檚 applying to be their deputy
- that their ability to make decisions is being questioned
- what having a deputy would mean for them
- where to get advice if they want to discuss the application
During the visit you must give them:
- an application notification and acknowledgement form (COP14PADep) - you바카라 사이트檒l need to complete the notification part of the form and they can complete the acknowledgement part if they바카라 사이트檙e able
- an acknowledgment form (COP5) - if they are able to, they바카라 사이트檒l need to complete this if they want to object to the application or provide evidence against it
- any other documents related to your application
If they바카라 사이트檙e able, they should complete the form within 14 days. If they바카라 사이트檙e not able to, you can send the application and notification form (COP14PADep) back with just the notification parts filled in.
Tell people connected to your application
You must tell at least 3 people who know the person you바카라 사이트檙e applying to be deputy for about your application. For example, the person바카라 사이트檚 relatives, social worker or doctor.
If you바카라 사이트檙e replacing a deputy, one of the people you tell should be the person you바카라 사이트檙e replacing (if this is possible).
Send them:
- a notice that an application form will be issued (COP15PADep)
- an acknowledgment form (COP5) - they바카라 사이트檒l need to complete this if they want to object to the application or provide evidence against it
- any other documents related to your application
You can tell them:
- by post to their home address
- by email
- in person
If you cannot tell 3 people you should send a witness statement (COP24) to the Court of Protection with your other forms.
They need to return the forms to you within 14 days of receiving them. If you have not received the forms in 14 days, you can then apply without them.
Complete the forms
The forms you need to fill in depend on whether you바카라 사이트檙e submitting the forms online or by post.
You must complete and send the forms within 3 months of telling the people connected to your application. If you do not, you must start the process again.
You should keep a copy of every form you fill in for your own records.
All applicants need to complete:
- a supporting information form (COP1A)
- an assessment of capacity form (COP3)
- a deputy바카라 사이트檚 declaration (COP4)
- an acknowledgment form (COP5), if it was returned to you
The court may not accept your application if you do not send the 바카라 사이트榓ssessment of capacity바카라 사이트� (COP3) form.
If you cannot get an assessment, you must download and fill in a witness statement (COP24) to explain why you think the person you바카라 사이트檙e applying about lacks capacity.
If you바카라 사이트檙e replacing a deputy
You can apply to replace an existing deputy, for example if they can no longer carry out their duties or you think they should no longer be a deputy. You should explain why you want to replace them in your application.
The existing deputy can object to being replaced by completing an acknowledgment form (COP5).
If you바카라 사이트檙e submitting online
If your representative notified the person about your application, you바카라 사이트檒l need to submit an application notification and acknowledgement form (COP14PADep).
If you notified the person about your application yourself, you do not need to submit any extra forms.
If you바카라 사이트檙e submitting by post
You also need to send:
- an application form (COP1) - you바카라 사이트檒l need to send the original form plus a copy
- an application notification and acknowledgement form (COP14PADep)
Submit your forms online
You바카라 사이트檒l need a debit or credit card to pay the fee. Find out how much you바카라 사이트檒l need to pay.
There바카라 사이트檚 a different service if you바카라 사이트檙e a legal professional.
Submit your forms by post
Send the forms to the Court of Protection with a cheque for the application fee. Find out how much you바카라 사이트檒l need to pay.
Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London
WC1A 9JA
After you바카라 사이트檝e applied
The Court of Protection will review your application and tell you if:
- your application has been approved or rejected
- you need to set up a security bond before you can be appointed - find out how much you바카라 사이트檒l need to pay
- you have to provide more information to support your application, for example a report from social services
There바카라 사이트檚 usually no hearing for property and financial affairs deputy applications. If there is one, you바카라 사이트檒l have to pay a fee. Find out how much you바카라 사이트檒l need to pay.
The guidance explains what to expect from a Court of Protection hearing.
If you need help or support
You can contact the Court of Protection.
Court of Protection
courtofprotectionenquiries@justice.gov.uk
Telephone: 0300 456 4600
Monday to Friday, 9am to 5pm
Find out about call charges