So you’ve been reading our series on deputyships and decided that you need to apply for one. What now?
The application process can feel overwhelming. However, it’s a practical process and involves following a series of steps alongside the completion and submission of various documents in a specific order.
This blog gives a brief overview of the steps involved for a new straightforward application for property & financial affairs where there are no concerns (e.g. no difficult family circumstances to think about) and no previous applications have been submitted. If there is a deputyship already in existence for the protected person and you’re looking to make amendments, need a review of an application or if there are complicated circumstances surrounding your application e.g. disgruntled family members, it would be prudent to seek advice from professionals before proceeding.
The online process for Property & Financial deputyships
For straightforward Property & Financial deputyships, you can now use a new service, an online portal which should aid you in the application process as you move through it step by step.
The forms required for this process are:
COP15PADep
This is used to notify relevant individuals, such as close family members or others with a vested interest in the protected party that you’re making an application to become a Property and Affairs deputy. It’s essential because these persons must be given the opportunity to support or object to the application.
The form will outline the details of the deputyship application and provide the recipients with a clear timeline and instructions on how to respond.
COP5: Acknowledgement form
The COP5 is completed by notified persons after receiving the COP15PADep form.
Essentially it serves as an official acknowledgment that they’ve been informed about the deputyship application. In the form, they’ll have the opportunity to whether they intend to contest the application. It must be submitted to the correct person.
COP1A: Supporting information for property and financial affairs applications
The COP1A form provides detailed supporting information about the protected person’s financial situation.
It includes details of their income, assets (like property and investments), liabilities (such as debts), and ongoing expenses.
This form is crucial as it enables the court to understand the protected person’s financial circumstances and will allow them to make an informed decision on the scope and extent of the deputy’s (your) authority.
COP3: An assessment of capacity
The COP3 form is filled out by a medical professional, such as a GP, psychologist, or other relevant expert, to confirm that the person in question lacks the mental capacity to manage their own financial affairs.
It outlines the medical diagnosis, the nature of the person’s incapacity, and an assessment of whether this condition is likely to be permanent or temporary. This is the legal foundation of proving the need for deputyship. Without it, you won’t be able to proceed the application.
COP4: Deputy’s declaration
The COP4 form is a declaration that you, the proposed deputy, must complete to confirm your understanding of the role’s responsibilities and legal obligations. This includes acting in the best interests of the protected person, keeping proper financial records, and reporting to the Office of the Public Guardian. It also requires you, the deputy, to disclose any potential conflicts of interest and confirm your suitability for managing the protected person’s financial affairs.
You need to send the forms mentioned above in a specific order as required by the Court of Protection and we would be able to provide guidance on this process.
Sending the rest of the forms and the application fee
Assuming no-one raises an objection to your proposed application, you then send the relevant forms alongside the application fee (which has recently increased to £408). The court may reject an application if a COP3 is not submitted or not completed correctly so make sure you pay close attention to getting this one right.
In the event a hearing is required e.g. because someone objects to your application, additional fees will be payable.
The COP24 form and when you might need to use one
The COP24 is a witness statement used in Court of Protection proceedings. It allows you as the deputy to submit additional information or evidence that might support the deputyship application. It’s typically used when more detailed information needs to be shared with the court.
You might need to include one where:
- You need to provide extra content or details about the person’s financial or personal circumstances
- You need to explain why certain people can’t be notified of the application (e.g. if the person has no close family members)
- You want to address any objections or disputes that arise during the application process.
The form itself is structured like a witness statement so you’ll need to sign it if you’re the person making the statement, and you’ll need to verify that the contents are true to the best of your knowledge.
Such forms aren’t always required therefore if you think that you may need one due to your circumstances, I recommend instructing a solicitor to assist you in making your application.
The time frame for a decision
The time frame for the court to review your application and issue the Order varies greatly and is dependent on whether your application is viewed as urgent. Recent timescales have meant that orders can take anywhere from 3 months (for those classed as extremely urgent) to 18 months or more.
Once the bond is in place and the court has agreed to the order, it will be sent to your legal advisor (if applicable) who will then send the order to you and guide you on the next steps.
Legal support
For peace of mind and support through what can be a difficult process, you might want to enlist the help of a solicitor. A good solicitor can provide a sensitive helping hand to ensure you stand the best chance of getting the deputyship you need.
At Gorvins, our expert team of specialist solicitors are ready and waiting to provide the help and guidance you need for your legal matter. Call us on 0161 930 5151, email us at Enquiries@gorvins.com or fill in the online form.