Form COP1 — Court of Protection Deputyship Application 2026 Guide

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"Chris helped me draft the perfected grounds for appeal and the skeleton argument. All were submitted."

— Regine from Wembley

Someone lost capacity without a Lasting Power of Attorney. The bank has frozen the accounts. The care home is asking for a signature no one has authority to give. This is the reality of a missing LPA — and the route through it is COP1.

A deputyship application to the Court of Protection takes months, costs several hundred pounds, creates lifelong supervision, and produces a slower, less flexible outcome than an LPA would have. It is also absolutely essential once it is needed. Chris drafts the full COP1 package to the Litigant Standard.

The application forms

  • COP1 — the main application
  • COP1A — supporting information (property and financial affairs deputyship)
  • COP1B — supporting information (personal welfare deputyship — rarely granted, usually refused in favour of best-interests decision-making)
  • COP3 — assessment of capacity (completed by GP, psychiatrist, or other professional)
  • COP4 — deputy’s declaration
  • COP24 — witness statement(s) supporting the application

The assessment of capacity (COP3)

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Must be completed by someone qualified — usually the GP. They must assess capacity for the specific decisions (financial decisions, or welfare decisions). “Doesn’t have capacity generally” is not sufficient. The assessor confirms the diagnostic and functional tests under MCA 2005 ss.2–3.

The deputy’s role

  • Act in P’s best interests (MCA 2005 s.1 and s.4)
  • Apply the MCA Code of Practice
  • Follow the terms of the court order
  • File an annual deputy report (OPG102 for property and affairs)
  • Maintain a security bond (insurance against deputy default)
  • Keep full financial records
  • Seek separate court authority for gifts beyond usual birthday/Christmas

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The ongoing costs

  • Application fee: £371
  • Annual supervision fee (OPG): £320 (general supervision) or £35 (minimal supervision, for small estates)
  • Security bond premium: annual, calculated on estate value
  • Assessment of capacity fee: usually £100–£300 to the GP
  • Professional deputy fees (if applicable): often £2,000–£5,000+ annually

Emergency interim orders

If the application is urgent — bills unpaid, care home placement needed, critical decision pending — request an interim order. The Court of Protection can grant limited authority within days. State the urgency clearly on COP1 and accompany with evidence.

Notifying people

P and close family members must be notified of the application. They have the right to object or support. Form COP14 serves formal notice.

The best-interests framework

MCA 2005 s.4 — any decision for P must consider: P’s past and present wishes, beliefs, values, the views of family, the views of carers. The deputy is not a free agent. The court will take the bond, the order, and the annual report seriously.

Personal welfare deputyships — rare

The Court of Protection generally refuses personal welfare deputyships. Welfare decisions are usually made under best-interests principles by those caring for P, consulting family. Only exceptional cases warrant a welfare deputy — ongoing complex decisions, fractious family dynamics, specific recurring disputes.

Can Chris draft the COP1 package?

Yes. Chris drafts:

  • COP1 application with the right heads of authority
  • COP1A with the financial narrative
  • COP4 deputy’s declaration
  • COP24 witness statement setting out the background, P’s needs, why the applicant is the right deputy
  • Cover letter and fee exemption request if applicable

Pro £88 is the right tier — multiple forms in one application package, with correspondence throughout.

Prepare to win. Plan not to fail.

If you have just lost a relative’s capacity, this is a painful moment. Do it properly. Chris drafts the whole package so you can focus on the person, not the forms.

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★★★★★

"Chris helped me draft the perfected grounds for appeal and the skeleton argument. All were submitted."

— Regine from Wembley

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