Deputyship orders — what they are and how to apply
A deputyship order is the legal authority granted by the Court of Protection allowing someone to make decisions for an adult who has lost mental capacity and does not have a Lasting Power of Attorney in place. It is the fallback option when planning ahead has not happened — slower, more expensive, and more restrictive than an LPA.
What is a deputyship order?
A deputyship order is a court order from the Court of Protection that appoints one or more people (the "deputies") to make ongoing decisions on behalf of an adult who has lost mental capacity. The order sets out exactly what the deputy can and cannot do, and the deputy is supervised by the Office of the Public Guardian.
When is a deputyship order needed?
Deputyship is needed when an adult has lost capacity to make their own decisions — typically due to dementia, severe brain injury, or learning disability — and there is no LPA in place. Without it, no one has legal authority to operate the person's bank accounts, sell property, or make significant decisions on their behalf.
Property and affairs deputy vs personal welfare deputy
There are two types of deputyship:
- Property and financial affairs deputy — handles money, property, bills, pensions, and benefits. The most common type.
- Personal welfare deputy — handles healthcare and care arrangements. Granted only in unusual circumstances where there is ongoing dispute.
How to apply for a deputyship order
- Get a medical assessment confirming the person has lost capacity.
- Complete Court of Protection forms COP1, COP1A, COP3, COP4.
- Pay the court application fee.
- Notify family members and other interested parties (form COP15).
- Wait for the court to consider the application — typically 6–12 months.
- Once granted, register with the Office of the Public Guardian and pay the supervision fee.
Most families use a specialist solicitor for this process — the paperwork is substantial and any errors cause delay.
How long does it take and what does it cost?
Applications typically take 6–12 months. Court fees alone are around £400–£500, plus an annual supervision fee. Solicitor fees usually add £1,500–£3,000 to the initial application, with ongoing fees for any complex decisions or property sales.
Deputyship vs Lasting Power of Attorney — key differences
An LPA is set up in advance, chosen by the person, registered for around £82, and active within weeks. A deputyship is needed because no LPA exists, costs many hundreds or thousands of pounds, takes months, and is supervised by the OPG indefinitely. The case for making an LPA early is overwhelming.
What responsibilities does a deputy have?
A deputy must always act in the person's best interests, keep accurate records of all decisions and transactions, submit an annual report to the OPG, keep the person's money separate from their own, and consult with relevant family members and professionals on significant decisions.