2 March 2026
When someone can no longer make decisions for themselves and has not put a Lasting Power of Attorney in place, the Court of Protection can step in. An application to the Court allows decisions to be made about a person’s finances, property, health or welfare, either on an ongoing basis through a deputyship or for a specific one-off issue.
This article explains what the Court of Protection does, when an application may be needed, and what the process involves.
What is the Court of Protection?
The Court of Protection is a specialist court in England and Wales. It makes decisions for adults aged 16 and over who lack the mental capacity to make certain decisions for themselves. Mental capacity is assessed under the Mental Capacity Act 2005, which provides the legal framework for decision-making on behalf of vulnerable adults.
The Court’s role is not to take control unnecessarily, but to ensure decisions are made lawfully and in the person’s best interests. The individual at the centre of proceedings is referred to as “P”.
When might an application be necessary?
An application to the Court of Protection is usually a last resort. In many cases it can be avoided if a valid Lasting Power of Attorney was made while the individual still had capacity. Where no such arrangements exist, the Court can provide authority and clarity.
Applications are commonly needed where decisions are required about managing finances or property, such as accessing bank accounts, paying bills or selling a home. They may also be required for one-off decisions, including statutory wills, large gifts or completing a particular transaction. In some cases, applications arise due to urgent medical decisions, safeguarding concerns or disputes between family members about what is in P’s best interests.
Who can apply?
Anyone aged 18 or over can apply to be appointed as a deputy, although applicants are most often close family members or trusted friends. Where finances are complex or there are disagreements, a professional deputy, such as a solicitor, may be appointed.
Whoever applies must be suitable for the role and willing to take on the responsibilities that come with acting under the Court’s authority.
How the application process works
Applying to the Court of Protection involves several formal stages and can take a number of months.
The process starts with completing the relevant court forms, including the main application, a medical capacity assessment and a declaration confirming the deputy understands their duties. For property and financial affairs applications, detailed financial information must also be provided.
Once submitted, the application fee is paid, currently around £400, although reductions or exemptions may be available depending on P’s circumstances.
After the Court issues the application, P and other interested parties must be formally notified. This allows time for any concerns or objections to be raised. In straightforward cases, the Court may make a decision on the paperwork alone. More complex matters may require further information or a hearing.
If approved, the Court issues an order setting out what the deputy can and cannot do. A security bond is often required before the appointment becomes final.
Ongoing responsibilities
Deputies must always act in P’s best interests and within the limits of the Court order. They are supervised by the Office of the Public Guardian and must submit regular reports explaining how decisions have been made and finances managed.
Because the role carries significant legal responsibility, many people choose to seek legal advice. A solicitor can help assess whether an application is needed, prepare the paperwork, manage notifications and provide guidance once a deputy is appointed.
Get in touch
For further information or advice, please contact Karen Woodison on 01494 478613 or email karen.woodison@blasermills.co.uk.