Form COP1: Apply for Deputyship at Court of Protection (2026 Guide)

Form COP1 is the application that starts every Court of Protection deputyship case. If a relative has lost the mental capacity to manage their property, money, or welfare, and there is no valid Lasting Power of Attorney in place, the Court of Protection is the only route that lets someone else step in lawfully. COP1 is how you ask the court to appoint you as deputy.

When Do You Need COP1?

Someone close to you lacks mental capacity and did not set up LPA while they could. Common triggers: dementia (Alzheimer’s, vascular, Lewy body), stroke with cognitive impairment, brain injury, severe learning disability reaching adulthood, late-stage Parkinson’s/Huntington’s. Practical trigger: bank has frozen accounts; care home wants fees; pension income nowhere to land; property needs selling for care.

Two types: Property and Financial Affairs Deputy (common) handles bank accounts, benefits, pensions, investments, property, tax. Personal Welfare Deputy (rare, exceptional cases only) handles medical, care, residence — day-to-day welfare usually managed under s.4 best interests.

Valid LPA exists: use LPA. P still has capacity: make LP1F now while you can.

What the Application Involves

Not single form — a bundle. Core documents:

• COP1 — application notice
• COP1A — supporting info for P&A (assets, income, debts, proposed decisions)
• COP1B — supporting info for welfare (only if sought)
• COP3 — Assessment of Capacity by registered practitioner
• COP4 — Deputy’s Declaration
• COP24 — witness statement explaining need and suitability

Plus draft order setting out powers you want.

Fees and Security Bond

• Application fee (2026): £385
• Fee remission via COPFA if P on means-tested benefits
• Attended hearing fee: £515
• Security bond: insurance policy protecting P’s estate. Premium based on estate size — small estate under £100/year; larger estates several hundred. OPG sets amount in order.
• OPG annual supervision fee: £320 general or £35 minimal

How to Complete COP1

1. Applicant details

Full name, address, DOB, relationship to P, contact. Joint applicants (spouses common): each listed. Joint deputies “jointly” (must act together) or “jointly and severally” (either can act alone).

2. Person this application is about (P)

Full name, address, DOB, short description of condition. Medical detail belongs in COP3.

3. Order you are asking for

Heart of application. State whether P&A, welfare, or both. State specific powers — managing bank accounts, receiving benefits, selling specific property, making specific gifts, operating ISAs. Blanket wording rejected; specific wording granted. Attach draft order.

4. Permission (if required)

Close family do not need permission (spouse, civil partner, parent, child, sibling, existing attorney/deputy in overlapping area). Everyone else: ask for permission with reasons.

5. Urgency and interim orders

If urgent (imminent property completion, unpaid care fees escalating): apply for interim order under s.48 MCA 2005. State urgency plainly. Genuine prejudice, not convenience.

6. Respondents and people to be notified

P is always first respondent. List anyone with sufficient interest: close relatives, existing attorney/deputy, Official Solicitor where appropriate. COP14 notifications give 21 days to respond/object.

7. Statement of truth

Sign and date. False statement of truth = contempt.

Key Deadlines

• COP3 capacity certificate: dated within last 3 months of filing
• Notification: within 14 days of court issuing application
• COP5 acknowledgement: respondents have 21 days from service
• Security bond: after order sealed, before deputy has authority
• First OPG100 annual report: 12 months from first deputyship order

What Happens After You File

Court issues application, stamps with official date. Serve notice via COP14 on P + each respondent, file Certificate of Notification (COP20A/B). Miss this and case stalls.

Most uncontested P&A cases: considered on papers. Judge reads bundle, satisfied P lacks capacity, issues sealed order. Timescales 2026: 4–6 months, longer in backlog periods.

Objection or competing application: attended hearing. Official Solicitor may represent P. Welfare applications almost always need hearing.

Order sealed: arrange security bond, confirm to OPG, then start acting. Banks want sealed order before releasing funds.

Common Mistakes

• Filing without COP3 — GP letter is not equivalent
• Vague draft orders — “manage P’s financial affairs generally” refused
• Missing respondents — forgotten sibling, adult child, existing attorney
• Asking for gifting powers you will not get — only reasonable customary gifts, larger needs separate order
• Treating welfare as bolt-on — only apply if specific ongoing welfare decision needed
• Signing COP4 without reading — binds you to s.4 best interests, s.16 MCA, OPG supervision

The Rules That Apply

Mental Capacity Act 2005: s.1 (five principles); s.2 (test for lack of capacity); s.3 (four-stage functional test); s.4 (best interests checklist); s.16 (court power to appoint deputies); s.48 (interim order); Schedule 2 (property).

Court of Protection Rules 2017 + Practice Directions: PD 9A (applications); PD 9B (notification of P); PD 14B (deputies). Mental Capacity Act Code of Practice is required reading.

How Chris Can Help

COP1 is entirely possible to do yourself, and many families do. It is also where one imprecise clause in the draft order costs six weeks of back-and-forth. Chris drafts COP1, COP1A, COP24 witness statement, draft order, COP14 notification letters to court level.

Chris does not give legal advice. You remain deputy, decision-maker, signer.

7-day money-back guarantee. We refund. We are miracle-makers, not miracle-workers.

One application done properly: Litigator £30. Contested deputyship with sibling dispute, competing applications, welfare: Hybrid £1,000.

Subscribe: Email hello@elitigant.com with subject line “Application update” and say hello with your given name.

FAQ

How long does it take?

2026: uncontested P&A 4–6 months. Contested/welfare longer with hearings.

Act before order sealed?

No. Until sealed and bond in place, no authority. Genuine urgency: s.48 interim order.

Sibling objects?

Attended hearing. Further evidence. Official Solicitor may represent P. Court decides best interests.

Need welfare deputy?

Usually not. Day-to-day under s.4 best interests without deputy.

Ongoing duties?

s.4 best interests, keep money separate, proper records, annual OPG100 (or OPG102 welfare), annual supervision fee, MCA Code of Practice.

Paid for being deputy?

Lay deputies (family): reasonable out-of-pocket only unless order allows remuneration. Professional deputies charge court-fixed rates.

When does deputyship end?

P’s death, P’s recovery of capacity, deputy resignation (with court permission), revocation, deputy’s death/incapacity.