GN1)
| Published date | 21 March 2018 |
| Subject Matter | Court of Protection forms and guidance |
1
Applications for the appointment of a
deputy for property and financial affairs
COP
GN1
12.17
Court of Protection
What is a deput y?
A deputy is someone appointed by the court to deal
with the property and financial affairs of a person who
lacks the mental capacity to do so themselves.
They must use the assets under their control for the
benefit of the person who lacks capacity and always
act in the best interests of that person.
The powers of a deputy can include:
• Taking control of any cash accounts and
investments
• Receiving any income (such as a private or
occupational pension to which the person is
entitled)
• Entering into, or terminating, tenancy agreements
• Obtaining a grant to an estate to which the person
may be entitled (when there is no one able or
willing to be appointed)
• Selling or letting a house or land.
A deputy may not d eal with any jointl y owned
property or land. Please see the guidance note on
selling jointly owned property for further information
(Guidance Note COP GN2).
When should I apply to be a deputy fo r propert y
and affairs?
If the person lacks capacity to make decisions about
their property and financial affairs and has not made
a valid enduring or lasting power of attorney.
If the person who lacks capacity has no savings
and the only income is social security benefits, it
will not usually be necessary to appoint a deputy.
The Department of Work and Pensions can appoint
someone called an ‘appointee’ to receive benefits on
their behalf. For more information about appointees
visit www.gov.uk and search ‘becoming an
appointee’.
Can more than one p erson be appoint ed as
deputy?
Yes. The court can appoint one or more deputies to
act either jointly (they must act together at all times)
or jointly and severally (they can act together or
independently of each other).
Will I have to appear in co urt?
In the vast majority of cases, the court will make a
decision based on the papers submitted without the
need for a hearing.
Security
The court requires all deputies for propert y and
financial affairs to arrange a security bond with an
insurer. Security is a type of insurance policy that
protects the person who lacks mental capacity in
the unlikely event that the deputy was to misuse
their funds. The arrangement is a standard business
practice and does not reflect on the deputy’s
personal integrity.
The court will calculate the level of security according
to the value of the assets that will be under the control
of the deputy.
The deputy must pay the premium on the bond
before the court sends out the order appointing a
deputy, and the deputy is responsible for paying the
annual premiums.
How to apply
The following forms must be completed and signed:
• COP1 Application form
• COP1A Annex A: Supporting information for
property and affairs applic ations
• COP3 Assessment of capacity
• COP4 Deputy’s declaration
You can download the forms from the website:
www.gov.uk/court-of-protection
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