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Last reviewed: June 2026 · For use in England & Wales · eLitigant is a Community Interest Company (No. 16566612), not a law firm. Always check the current official form on GOV.UK before you file, and sign the statement of truth yourself.
Official form & guidance: Form COP1 (Apply to be a deputy) →
In short
Form COP1 is the application to the Court of Protection to become a deputy for someone who has lost mental capacity and has no Lasting Power of Attorney. The package usually includes COP1A (financial information), COP3 (a capacity assessment completed by a professional such as their GP), COP4 (your declaration as proposed deputy) and a COP24 witness statement. It’s a lot to face at a hard time. eLitigant drafts the whole package from your own information, in complete confidence, so you can focus on your loved one rather than the forms.
① Draft it from scratch
Tell Chris what you need to achieve and upload your documents. Chris drafts the COP1, COP1A, COP4 and supporting COP24 witness statement from your facts.② Check the draft you’ve written
Already started your deputyship papers? Upload your draft and Chris reviews it line by line against the best-interests framework before you sign and file.③ You’ve been notified — respond
Received a COP14 notice or want to object to or support an application? Run what you received by Chris and see where you stand.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)
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
Let Chris draft this for you
Tell Chris what you want to achieve. Upload your documents. Chris produces professional drafts to the Litigant Standard™ — whichever form, whichever jurisdiction. You review every line. You sign. You file. The court sees your name. The standard it sees is the Litigant Standard.
The ongoing costs
- Application fee: £432
- 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.Related Court Forms & Guides
- Form N260: Statement of Costs — the costs schedule used at summary assessment.
- Form N244: Application Notice — the form for interim applications.
- Start a Money Claim Online (OCMC) — where most civil money claims begin.
- Particulars of Claim — setting out the basis of your claim.
- Civil Court Forms Index — every civil court form guide in one place.
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
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.See it done — a Court of Protection application (COP1) in minutes
A Court of Protection application (COP1), drafted to a high, professional standard — Chris builds all 13 pages from your facts in minutes, where doing it right yourself can take weeks to get right. Scroll the sample below.
One day · unlimited forms & drafts · contracts & correspondence too · no subscription · you check, sign & file
Frequently asked questions
What is Form COP1 for?
COP1 is the main application to the Court of Protection to be appointed deputy for someone (P) who has lost capacity without a Lasting Power of Attorney. It is needed when no one has authority to manage that person’s affairs — for example when a bank has frozen accounts or a care home needs a signature no one can give.Which forms make up the COP1 package?
Alongside COP1 itself, the package usually includes COP1A (supporting information for a property and financial affairs deputyship), COP3 (assessment of capacity), COP4 (the deputy’s declaration) and COP24 (witness statement(s) supporting the application). COP1B applies to personal welfare deputyships, which are rare.Who completes the assessment of capacity (COP3)?
COP3 must be completed by someone qualified — usually the GP, a psychiatrist or another professional. They assess capacity for the specific decisions in question and confirm the diagnostic and functional tests under the Mental Capacity Act 2005, sections 2–3. A general statement that the person “doesn’t have capacity” is not sufficient.What are the deputy’s duties once appointed?
A deputy must act in P’s best interests under the MCA 2005 (sections 1 and 4), apply the MCA Code of Practice, follow the terms of the court order, file an annual deputy report, maintain a security bond, keep full financial records, and seek separate court authority for gifts beyond the usual.Can I ask for an emergency interim order?
Yes. If the application is urgent — for example unpaid bills, a care home placement, or a critical decision pending — you can request an interim order. The Court of Protection can grant limited authority quickly. State the urgency clearly on COP1 and accompany it with evidence.Why are 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 — ongoing complex decisions or recurring disputes — warrant a welfare deputy.Ready to draft your COP1 deputyship package?
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