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How to apply to the Court of Protection when there is no Lasting Power of Attorney

The Court of Protection is where you go when someone has lost mental capacity and there is no Lasting Power of Attorney.

The Court can appoint a deputy — usually a family member — with authority to manage financial affairs or (less commonly) welfare decisions.

Getting there takes 6–12 months and costs several hundred pounds in fees, which is exactly why LPAs matter: once capacity is gone, you cannot make one.

This walkthrough covers the four forms required (COP1, COP1A, COP3, COP4), what the Court needs to see, and how to handle the period while the application is being processed.

✓ Official source checked 2 September 2026 · GOV.UK last revised this form 28 May 2025COP1 on GOV.UK

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United KingdomInformational, not legal or financial adviceOfficial source: GOV.UK

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This is the same official COP1 file HM Courts & Tribunals Service publishes on GOV.UK — the link below fetches the current version live from GOV.UK the moment you click it, so it can never go out of date.

Current version: May 2025 · confirmed on GOV.UK 2 September 2026

Download the official form (PDF)Welsh version

This walkthrough takes COP1 field by field, in plain English, alongside the three forms that travel with it. Most of the application is administrative; the hard part is that there is no Lasting Power of Attorney, the person has already lost capacity, and the Court route is slow — so the real question is how you cover the months while it runs.

A deputyship is not a fast fix

Applying for deputyship when an urgent financial decision is needed will not produce a fast result — standard COP1 timetables run to many months.

If an urgent decision is needed (a property must be sold immediately, care fees are unpaid, a financial institution is refusing to act), a separate urgent application or interim order application is needed alongside the main COP1.

Applying for only a COP1 and then waiting will leave the person without cover for the duration.

The form, in summary

The COP1 form, in summary.

Valoren

COP116 pages62 fields guided

With ValorenThe process itself cannot be shortened; Valoren helps you gather the medical, financial, and family information needed to complete COP1, COP1A, COP3, and COP4 accurately before submitting

Without Valoren6–12 months

from application to order in uncontested cases; potentially much longer in contested cases

Deadline

ASAPonce capacity lost
— no LPA fallback

Who Files

Family memberany concerned
person (proposed deputy)

Fee

£432+application + £100 assessment
(£266 if a hearing is needed)

Filed with Court of Protection

Draws from your Estate File

the records this form is built from

PersonalMedical Abstract·Legal Instruments·Financial Accounts·Property Folio·Digital Access Map·Asset Inventory·Income & Outgoings·Civil Dossier·Policy Index·Succession Plan·Digital Legacy Registry·Business Interests & Directorships·Funeral & Committal Wishes·Dependent Care & Handoff·Personal Record·RegistryMaster Registry·Renewal Register·People, Authority & Contacts·Designated Places·Kinship & Succession Map·SecureAccess Controls·Recovery Routes·Custody & Contingency·EventsDeath & Estate Activation·Incapacity & Medical Proxy·Absence & Continuity Cover·Access Loss & Identity Recovery·Legal Dispute & Evidence Protocol·Theft & Asset Compromise·Property Damage & Incident Response·Relocation & Address Update Protocol·Separation & Custody Documentation·Business Interruption & Continuity·PersonalMedical Abstract·Legal Instruments·Financial Accounts·Property Folio·Digital Access Map·Asset Inventory·Income & Outgoings·Civil Dossier·Policy Index·Succession Plan·Digital Legacy Registry·Business Interests & Directorships·Funeral & Committal Wishes·Dependent Care & Handoff·Personal Record·RegistryMaster Registry·Renewal Register·People, Authority & Contacts·Designated Places·Kinship & Succession Map·SecureAccess Controls·Recovery Routes·Custody & Contingency·EventsDeath & Estate Activation·Incapacity & Medical Proxy·Absence & Continuity Cover·Access Loss & Identity Recovery·Legal Dispute & Evidence Protocol·Theft & Asset Compromise·Property Damage & Incident Response·Relocation & Address Update Protocol·Separation & Custody Documentation·Business Interruption & Continuity·

Figures checked against gov.uk 9 SEPT 2026 · The Figure Watch

Legal basisStatute

When an adult loses mental capacity and has no Lasting Power of Attorney in place, the Court of Protection can appoint a deputy to make decisions on their behalf.

A Property and Financial Affairs deputy manages money, property, and financial matters. A Personal Welfare deputy (far less commonly appointed) manages health and care decisions.

Deputies are supervised annually by the Office of the Public Guardian and must file a deputy's report each year.

Deputyship is more expensive, slower, and more burdensome than an LPA — the Court exists because it is the necessary alternative, not the preferred route.

Section by section

The form, section by section.

On this page05 sections

Before you apply — confirming lack of capacity Form COP1 — the main application Form COP1A — financial information Form COP4 — the deputy's declaration Notifying P and other interested parties

Before you start, you’ll need:

Who Files — Any person who is concerned for the welfare of someone who lacks capacity — usually a close family member. The applicant becomes the proposed deputy if the Court grants the order.
16 pages · 62 fields guided
Draws from your Estate File — Medical Abstract, Legal Instruments, Financial Accounts, Property Folio

Section 1

Before you apply — confirming lack of capacity

The Court can only act if the person (referred to as 'P' throughout the COP process) lacks mental capacity to make the decision in question.

The Mental Capacity Act 2005 sets a specific two-part test for this — the Court will not accept a general statement that someone has dementia or a diagnosis of a condition.

The two-part MCA capacity test

P must both: (1) have an 'impairment of, or disturbance in the functioning of, the mind or brain' (the diagnostic threshold — satisfied by dementia, brain injury, severe learning disability, or similar conditions); AND (2) be unable to make the specific decision because of that impairment.

Unable means unable to: understand the relevant information; retain it long enough to make a decision; weigh it as part of a decision-making process; or communicate the decision.

Capacity is decision-specific

A person may have capacity to make some decisions (what to eat, where to sit) but not others (managing investments, selling a property).

The application must specify which decisions P cannot make — the Court will only grant authority over those specific decisions.

If P regains capacity for a decision, the deputyship must not be used for that decision.

Form COP3 — the capacity assessment

COP3 must be completed by a 'professional with relevant expertise': typically P's GP, a consultant, a psychiatrist, or an approved mental health professional.

It is not enough for a family member to state P lacks capacity — a medical professional must complete and sign COP3.

Without COP3, the Court will not process the application.

Budget time (and possibly a fee) for the GP or specialist to complete this.

What if P retains partial capacity?

If P can still make some financial decisions, the Court may make a 'one-off' order for a specific transaction (e.g. authorising the sale of a property) rather than appointing a deputy.

One-off orders are faster and cheaper than deputyship.

If the need is a single transaction rather than ongoing management, consider applying for a specific order rather than a full deputyship.

The Court can only act if the person (referred to as 'P' throughout the COP process) lacks mental capacity to make the decision in question.

Court of Protection (HM Courts & Tribunals Service) · COP1

Section 2

Form COP1 — the main application

COP1 is the core application form.

It covers who P is, who you are, what decision-making authority you are seeking, and the background facts. It is supplemented by COP1A (financial details), COP3 (capacity assessment), and COP4 (your declaration as proposed deputy).

Part A — About P

P's full name, date of birth, current address (including the care home or hospital if applicable), NHS number if known, and their relationship to you.

The Court needs to identify P precisely — if there is any chance of confusion with another person of the same name, include additional identifiers.

Part B — About you (the applicant/proposed deputy)

Your full name, date of birth, address, and your relationship to P.

The Court will consider whether you are a suitable deputy: close family members are usually appointed, but anyone can apply.

If there are multiple family members who might disagree about deputyship, this should be disclosed — contested applications take far longer.

Part C — What you are asking the Court to do

You must specify precisely the orders you want.

For Property and Financial Affairs: 'an order appointing [your name] as deputy for property and financial affairs for P' and/or specific one-off orders (e.g. 'an order authorising the sale of [address]').

Be specific — the Court will not grant wider authority than you ask for, and coming back to extend an order costs further fees and time.

Part D — Background and reasons

A narrative explaining P's situation: when capacity was lost, what the current circumstances are, why deputyship is needed, and why you are the right person to be deputy.

This is where you explain any urgency. If P's finances are in immediate difficulty (bills unpaid, care fees accruing) — say so clearly.

COP1 is the core application form.

Court of Protection (HM Courts & Tribunals Service) · COP1

Section 3

Form COP1A — financial information

COP1A is the financial schedule that accompanies a Property and Financial Affairs deputyship application.

The Court uses it to understand what assets need to be managed and to set the level of the security bond (an insurance policy the deputy must take out to protect P's assets).

P's income

All sources: state pension; private pension(s); attendance allowance or personal independence payment; rental income; any employment income if P was still working when they lost capacity.

Enter gross figures and the payment frequency.

P's capital and assets

Bank and building society accounts (with approximate balances); ISAs; investments and shares (approximate market value); premium bonds; property (market value less any mortgage); life insurance policies (surrender value if any).

The total of P's assets determines the security bond premium.

P's outgoings

Care home fees (the largest item for most applications); mortgage or rent; household bills; insurance premiums; any ongoing financial commitments.

The Court needs to know whether P's income covers their outgoings, or whether capital is being depleted.

The security bond

Once deputyship is granted, you must take out a security bond (a type of insurance) to protect P's assets against misuse or mismanagement by the deputy.

The bond amount is set by the OPG based on P's asset values. Premiums are typically £50–200/year for modest estates; higher for larger estates.

The bond is paid from P's funds.

COP1A is the financial schedule that accompanies a Property and Financial Affairs deputyship application.

Court of Protection (HM Courts & Tribunals Service) · COP1

Section 4

Form COP4 — the deputy's declaration

COP4 is the proposed deputy's formal declaration. You are confirming that you understand the responsibilities of the role and that you are not disqualified from acting as deputy.

What you are agreeing to

To act in P's best interests at all times; to keep P's finances separate from your own; to keep accurate records of all income and expenditure; to file an annual deputy's report with the Office of the Public Guardian; to notify the OPG of any significant changes in P's circumstances; to act within the authority granted by the Court's order and not beyond it.

Annual deputy reports

Every year, the OPG will send you a deputy report form. You must complete it showing all income received, all expenditure made, and the current asset position.

The OPG supervises deputies to protect P from financial abuse.

Failure to file the report is a serious matter — it can result in the deputyship being revoked and further legal proceedings.

Disqualifying factors

You cannot be appointed as a property and financial affairs deputy if you are: bankrupt or subject to a debt relief order; the owner or employee of a care home where P lives (unless there is no suitable alternative).

Declare any of these if relevant — the Court will assess suitability.

COP4 is the proposed deputy's formal declaration. You are confirming that you understand the responsibilities of the role and that you are not disqualified from acting as deputy.

Court of Protection (HM Courts & Tribunals Service) · COP1

Section 5

Notifying P and other interested parties

The Court of Protection requires you to notify P and specified family members that an application has been made. This is a formal requirement — failing to notify correctly will delay the application.

Notifying P

You must personally notify P that you are making an application to the Court of Protection about them, using form COP14 (or COP15 if P lacks capacity to understand the notification).

The notification must be served on P at least 14 days before the application is submitted.

Record the date of service.

Notifying family members

You must also notify P's spouse/civil partner/partner; any children of P who are 18 or over; any other person the Court directs you to notify.

Use form COP15 (notice to be sent to others).

Allow 14 days between service and submission.

What if someone objects?

Any notified person can object to the application by filing a COP5 form within 14 days of receiving the notice.

If a family member objects, the Court will usually list the matter for a hearing to consider the objection.

Contested applications can take 12–24 months to resolve.

The waiting period and interim arrangements

While the application is being processed, P has no formal decision-maker. Banks will often freeze accounts or refuse to act.

The DWP can appoint an 'appointee' (a much simpler and faster process) to manage benefit payments only — this is separate from Court of Protection and can be arranged via DWP in weeks rather than months.

Consider whether an appointee would bridge the gap while the full application proceeds.

Court of Protection (HM Courts & Tribunals Service) · COP1

Many people file COP1 themselves — that is what this walkthrough is for. If the situation behind it has stopped being simple — an objection raised, a donor whose capacity is questioned, a Court of Protection application in view — Signum, Valoren’s own specialist desk, can take it on, and we say so plainly: it starts with a free intake, and if you do not need us, we will tell you. Prefer an independent adviser? STEP and the Chartered Institute of Taxation both keep public member directories, and neither pays Valoren a referral fee.

FAQ

COP1 questions, answered.

COP1 is the application that asks the Court of Protection to appoint a deputy for someone who has lost mental capacity and has no Lasting Power of Attorney.

A property and financial affairs deputy manages money, accounts and property; a personal welfare deputy (appointed far less often) manages health and care decisions.

COP1 travels with three other forms — COP1A (the financial schedule), COP3 (a professional capacity assessment) and COP4 (the proposed deputy's declaration).

The person applying to become deputy — usually a close family member — completes COP1, COP1A and COP4.

Anyone concerned for the welfare of the person who lacks capacity can apply.

COP3, the capacity assessment, must instead be completed and signed by a professional with relevant expertise, such as the person's GP, a consultant or a psychiatrist; a family member cannot sign it.

There is no fixed legal deadline, but delay has a cost: until the order is made the person has no formal decision-maker, and banks and other institutions may freeze accounts or refuse to act.

Apply as soon as capacity is lost and you have confirmed there is no LPA.

The Mental Capacity Act 2005 (ss.15–23) and the Court of Protection Rules 2017 govern the process.

Yes. The application fee is £432, and there is a £266 fee if the Court decides a hearing is needed.

Once you are appointed there is an annual Office of the Public Guardian supervision fee — £320 for general supervision, or £35 where you manage under £21,000 — plus a £100 assessment fee for a new deputy and a security bond paid from the person's funds.

Fee help may be available where the person gets certain benefits or has a low income; check the current figures on gov.uk before you apply.

A professional capacity assessment for COP3; confirmation that no LPA or other valid authority already exists; and a full picture of the person's income, capital, property and outgoings for the COP1A financial schedule.

Those asset figures also set the security bond.

Having the medical, legal, financial and property details gathered before you start makes COP1 and COP1A far quicker to complete.

Treating a COP1 as a fast fix for an urgent money problem.

Standard timetables run to many months, so if a property must be sold now or care fees are unpaid you usually need a separate urgent or interim order application alongside the main COP1.

For benefit payments only, a DWP appointee can often be arranged in weeks.

For contested or complex cases, consider professional advice.

Library

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Terms on this page

Attorney Court of Protection Deputy Lasting power of attorney Mental Capacity Act 2005 Office of the Public Guardian All 116 terms →

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Where this fits

COP1 is one form. The file behind it is the rest.

Forms are easier when the records are ready.

For COP1, that means a professional's capacity assessment for COP3, confirmation that no LPA already exists, and the income, capital and property figures the COP1A financial schedule asks for — the same figures that set the security bond.

Start your free first sitting Take the Estate Quiz View all form walkthroughs

For the household where a parent is ageing and an LPA is not yet registered — the planning conversations your family needs to have, in one place. Caring for a Parent — £79

Court of Protection (HM Courts & Tribunals Service)·62 fields·£432 application fee, plus a £100 assessment fee for new deputies; £266 hearing fee if the court decides one is needed; once deputyship is granted, OPG supervision is £320/year (general) or £35/year (minimal supervision, for property-and-affairs estates under £21,000); a security bond is also required, paid from the person's funds and priced on the estate value. Fee exemptions or reductions may apply — for example if the person receives certain benefits or has an income below £12,000. Check current figures on gov.uk/become-deputy/fees before applying.·The process itself cannot be shortened; Valoren helps you gather the medical, financial, and family information needed to complete COP1, COP1A, COP3, and COP4 accurately before submitting with Valoren