GN3)
| Published date | 21 March 2018 |
| Subject Matter | Court of Protection forms and guidance |
1
Guidance Note
Applications by existing deputies
COP
GN3
09.15
Court of Protection
Who should read this guidance?
This leaflet explains how deputies for property and
affairs may apply to the Court of Protection to change
their deputyship powers to make decisions that are
not covered in the original order.
When to apply ?
The order appointing you as deputy will set out what
decisions you can make on behalf of the person
who lacks capacity. The order may also list some
decisions that you cannot make. For example,
the order might say you cannot sell any property,
or it may set a limit on how much money you can
withdraw from the bank.
If your order does not allow you to make a decision,
you can apply to court to change your deputyship,
or to ask for a separate order allowing you to make a
one-off decision.
Examples of when you should use the procedure set
out in this guidance include applications to:
• sell property except where the property is owned
jointly;
• purchase property on behalf of the person who
lacks capacity;
• renew the deputyship, where the appointment is
time-limited; and
• change the amount of the deputy’s security.
The procedure set out in this guidance is not suitable
for applications to:
• sell jointly owned property (see GN2 Guidance on
the sale of jointly owned property);
• make a will or codicil on behalf of the person who
lacks capacity (see GN8 Applications for statutory
wills, codicils, gifts and other dealings with P’s
property or refer to the website www.gov.uk/court-
of-protection);
• make gifts on behalf of the person who lacks
capacity (see GN8 Applications for statutory wills,
codicils, gifts and other dealings with P’s property
or refer to the website www.gov.uk/court-of-
protection); and
• remove or replace you as deputy.
How to apply
The following forms must be completed and signed:
• COP1 Application form
• COP1E Annex E: Supporting information for an
application by an existing deputy or attorney
• COP24 Witness statement
The COP24 Witness statement should include:
• a summary of the assets of the person who lacks
capacity e.g. bank accounts and money held at
the Court Funds Office
• details, including the value, of any real property
(house or land) they own;
• their total annual income and expenditure;
• the value of the security bond set by the court; and
• copies of any previous orders made by the court,
which should be attached to your statement.
To download the forms, visit the website:
www.gov.uk/court-of-protection
You should send two copies of the COP1 but only
one copy of the other forms, together with the
appropriate fee or an application for fee remission
To continue reading
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