Applying to appoint a property and financial affairs deputy: Court of Protection procedure, upfront notification, online portal, required forms, and trust corporation guidance (England and Wales)

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Practice notes

While the Court of Protection (the court) is able to issue a single, discrete order for a person who lacks capacity, that will not invariably be the most appropriate course. Where it is not, the court may instead direct that a deputy be appointed to handle the specific matter or to act on a continuing basis, particularly where the incapacity is expected to endure into the future. The court’s authority to appoint a deputy sits in section 16 of the Mental Capacity Act 2005 (MCA 2005). From January 2023, the route for appointing a property and affairs deputy was altered. Before then, applications were paper-based, begun by lodging a COP1 form with supporting documents; the court would then issue the application, after which the relevant parties were served/notified. A new upfront notification model was trialled in 2021, under which the person to whom the application relates (P) and three individuals who know P are notified and asked to confirm consent or raise objection before the application is issued. This became the standard procedure for property and affairs deputyships from January 2023...

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Web page updated on 21/05/2026

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