The Court of Protection, and when a family needs a deputy

You may be here because your mother or father has dementia, has had a stroke or a brain injury, can no longer manage their bank account, and nobody holds a lasting power of attorney. Being next of kin does not give you the right to manage somebody else's money or decide about their care, which what next of kin can and cannot do explains. The court is how somebody gets that authority. This guide sits within our wider guide to elderly care.

The Mental Capacity Act 2005 sets two rules the court applies before appointing anyone. A decision by the court is to be preferred to appointing a deputy, and a deputy's powers should be as limited in scope and length as is reasonably practicable. So if a single question needs settling, such as which care home your mother should move to when the family disagree, the court may simply decide it.

Before you go any further, check two things. If your relative made a power of attorney before they lost capacity, the Office of the Public Guardian can search its registers for free, and a registered attorney usually means no deputy is needed. If your relative's only income is state benefits and they have no savings or property, the Department for Work and Pensions can make you their appointee instead, which gov.uk says is the right route when you are only looking after benefits.

The Mental Capacity Act Code of Practice says welfare deputies "will only be required in the most difficult cases", where important actions cannot happen without the court's authority or there is no other way of settling what is in the person's best interests. Its examples include a history of serious family disputes, and a series of linked decisions over time that it would not be sensible to bring to the court one by one. For most day-to-day care decisions, the people caring for your relative can act in their best interests without a court order, consulting the family as they go. How mental capacity is assessed explains who makes those decisions and how.

Anyone aged 18 or over can apply. Deputies are usually close relatives or friends, and a property and affairs deputy needs the skills to make financial decisions for somebody else. Nobody can be made a deputy without agreeing to it. The court can appoint two or more deputies, acting together on every decision or able to act alone. Some deputies are paid professionals, such as solicitors or a council officer, and if no one else is available the court can appoint a specialist from a panel of approved firms and charities. If brothers and sisters cannot agree who should apply, when siblings disagree about a parent's care may help before it reaches the court.

The forms have longer names on gov.uk than the numbers suggest. COP1 is "Apply to make decisions on someone's behalf as a deputy", COP3 is "Make a report on someone's capacity to make decisions", and COP4 is the deputy's declaration, "Apply to become someone's deputy (make a declaration)", where you set out your circumstances and confirm you understand the duties. All of them are in the Court of Protection forms collection, and the gov.uk guide to applying as a property and financial affairs deputy has the online service. You do not need a solicitor to apply. Whether to use a solicitor and what they charge is covered on its own page.

The capacity assessment is the part families find hardest to arrange. Ask your relative's GP first, and if they will not do it, a psychiatrist, a memory clinic or a social worker who knows your relative may be able to. The form asks the assessor about the specific decisions in your application, so describe them clearly in your part. How capacity is assessed sets out the two-stage test they will apply.

Gov.uk does not publish how long a decision takes. The fixed points it does give are the 14 days people have to reply, the three months you have to send the forms, and, for a welfare application, the court's aim to issue it within a week of receiving it. Care for your relative does not have to wait for the order, and the section below on what a deputy can do covers arranging it.

The OPG fees can be reduced. If your relative gets certain means-tested benefits, there is no deputy fee to pay at all, and if their income before tax is under £12,000 a year you may pay half, though not for minimal supervision. The form is on the gov.uk page for reduced OPG deputy fees.

The security bond is a kind of insurance for your relative's money, in case a deputy misuses it. You arrange it with a bond provider, and what it costs depends on the value of their estate and how much of it you control. It can be paid from your relative's money, or by you and reclaimed once you have access. You can claim reasonable expenses such as postage, phone calls and travel needed for the role, but not social visits, and a family deputy cannot charge for their time.

Some decisions need a further application to the court, even once you are a deputy. Gov.uk says you need a separate order to sell property your relative owns jointly with someone else, to make a large one-off gift, for example for inheritance tax planning, or to make any decision the order does not cover. A will is made through a separate statutory will application, with its own capacity assessment. These are made on form COP1 with a witness statement on COP24, and the fee is £432. Even where you do not need the court, tell the OPG before a major decision, such as selling your relative's home to pay for a care home, and see the gov.uk guidance on changing a deputyship.

If keeping your relative safe at home starts to mean locked doors or constant supervision, a deputy cannot authorise that alone. Deprivation of liberty at home explains when the court has to be involved. If the question is whether your relative should move, care at home or a care home sets the two side by side.