Procedure for applying to the Court of Protection
When applying to the Court of Protection for a financial deputyship Order there are various application forms which will need to be submitted.
COP1 - Application form
The following information will need to be included in the COP1 form:
- The full names and addresses of those individuals who are applying to the Court;
- Details of the individual who lacks capacity including their full name, date of birth and address;
- Whether an urgent interim order is required and if so details of the Order which is being sought;
- The name, address and contact details of the solicitor that has been instructed to deal with the application;
- Details of any previous Court of Protection proceedings which may have taken place;
- The Order which is being sought;
- The names and addresses of all those who are to be served with or notified of the application that is being made; and
- Whether permission to make the application is required.
COP1A – Supporting information for property and financial affairs applications
The COP1A form provides the Court of Protection with details of the assets and liabilities that are within the client’s estate. They will require details of all income which the client receives, details of benefits, pensions, bank and building society accounts (including balances), any shareholdings and investments, business interests, valuable personal items such as works of art and antiques as well as details of any funds which are due to the client or any debts which are outstanding.
Information regarding any Enduring or Lasting Powers of Attorney which the client may have prepared should also be included together with a copy if available of the client’s Will, if one has been made.
If the client owns their own property then the Court will require the full address, details of any co-owners, whether the property is held as joint tenants or tenants in common and the market value.
If the client is receiving care then you must also provide details of the annual care charge or weekly charge if the client is living in a residential or nursing home.
The Court will also require details of any individuals who visit the client and how often these visits take place.
COP3 – Assessment of Capacity
As a part of the application, the Court will require medical evidence to confirm that the client lacks mental capacity to manage their own financial affairs. This must be contained within form COP3.
The COP3 is normally completed by the client’s GP. However a registered psychiatrist, approved mental health professional, social worker, psychologist, nurse or occupational therapist can also complete the form.
Those completing the form may charge for their services and the charge can vary from one practice to another.
COP4 – Deputy Declaration
Each person applying to be appointed as a deputy will need to complete and sign a COP4 deputy declaration. The Court will require the deputy’s personal details and information regarding their personal financial circumstances. They must also provide certain undertakings to the individual who lacks capacity.
A deputy who has previously been declared bankrupt or is the subject of a County Court Judgment is unlikely to be appointed to act as a deputy.
COP9 –Urgent/interim applications
Where the Court is being asked to make an urgent or interim order a COP9 form must be submitted. You will need to provide details of the Order that is being sought and the individuals who need to be served or notified of the application.
Submitting the application and next steps
Once all of the above forms have completed and signed, the application will need to be submitted to the Court of Protection together with a cheque for the £400 Court application fee. You will normally receive written confirmation that the application has been received.
The next stage is for the Court to ‘issue’ the application. This means that the Court has conducted an initial review of the application and are happy to consider it fully. The issued application will need to be served on the client personally using forms COP14 and COP5. Forms COP20A and COP20B will need to be filed with the Court.
Those people listed in the COP1 form as individuals to be served with the application will need to be sent a copy of the issued application, a COP15 and COP5. Those individuals who are to be notified will need to be provided with a COP15 and COP5.
Once the Court has received the completed COP20A and COP20B forms it will progress the application. The next stage is for the Court to request for the Deputy/Security Bond to be put in place. For more information on Deputy/Security Bonds please see our information sheet ‘What is a Deputy/Security Bond’.
Once the Deputy Bond forms have been completed, signed and returned the Court will issue the final Order appointing the deputies to act. Our article ‘How to be a deputy’ sets out what happens next!
If you are considering making an application to be appointed as a deputy then contact one of our specialist Court of Protection advisors today.