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Deputyship
When there’s no LPA
we’re here to help you through.
If a loved one has already lost mental capacity and no Lasting Power of Attorney was registered in time, the Court of Protection is the only legal route available. It is slow, expensive, and emotionally draining — but it is not impossible. We guide families through every step.
Two Scenarios. One Choice.
The Deputyship process:
What to expect at every stage
Deputyship is a marathon, not a sprint. Here is what the process looks like in practice — and what we do at each stage to reduce the burden on your family.
Without the right support
1
Capacity is lost. No LPA exists.
Family cannot access accounts, pay care costs, or act on their loved one’s behalf.
2
COP application filed incorrectly
Incomplete forms often cause delays, with the Court rejecting or querying applications. Incomplete forms often cause delays, with the Court rejecting or querying applications.
3
Delays mount. Bills go unpaid.
Without legal authority, families cannot manage finances, property, or care home fees.
4
Order granted — duties unclear
New Deputies face OPG reporting and supervision requirements with little guidance.
5
Reports filed incorrectly
Errors can lead to increased supervision, higher fees, or formal concerns.
With the Wills Clinic
1
Free check-up and assessment
We review your situation, explain the Deputyship process, and advise on any interim options.
2
We prepare and file the application
We assist with the preparation and submission of the COP1, COP3 and supporting documentation required by the Court
3
Required parties notified
We handle the formal notifications required under Court of Protection rules.
4
Order granted. Duties explained.
We guide you through Deputy responsibilities, record-keeping, and annual reporting.
5
Ongoing support if needed
Help with OPG reports, Order changes, and future applications whenever required.
What families face when
capacity is lost without an LPA
Deputyship is not a choice anyone would make if an LPA had been registered in time. But when it’s the only option, understanding the process — and having the right legal support — makes an immeasurable difference.
01
The application process: 12–18 months
Deputyship applications are made to the Court of Protection under the Mental Capacity Act 2005. They require a COP1 application, a medical COP3 capacity assessment, and supporting documents. The Court notifies relevant parties and allows time for objections. The process currently takes 12–18 months, during which the person’s finances are largely restricted.
02
Ongoing supervision by the Office of the Public Guardian
Deputies are supervised annually by the Office of the Public Guardian (OPG). This includes filing annual financial reports, maintaining separate accounts, and paying supervision fees (currently £35–£320 per year). Supervision continues for the person’s lifetime.
03
Court fees, solicitor costs, and security bonds
The Court application fee is £371, with additional solicitor fees often reaching several thousand pounds for complex cases. Property & Affairs Deputies must also take out a security bond, based on the estate’s value. Potential initial costs of £1,500 – £3,000+ depending on circumstances.
04
Personal welfare decisions remain difficult
Property & Affairs Deputyship only covers financial matters. Personal Welfare Deputyship — covering care, medical treatment, and living arrangements — is rarely granted. Without a Health & Welfare LPA, decisions are made under the Mental Capacity Act’s “best interests” framework, which may not reflect the person’s wishes.
Court of Protection Services
Deputyship support.
We offer clearly scoped support for families navigating the Court of Protection. No hourly rate surprises. No legal jargon. Just clear, compassionate guidance through one of the most difficult legal processes a family can face.
POA
Full Deputyship application
Every family’s situation is different, which is why we offer services tailored to your individual circumstances. You’ll know the scope of work and the cost from the outset, with no unexpected hourly charges. No legal jargon. Just clear, compassionate guidance through one of the most difficult legal processes a family can face.
POA
Urgent & contested application
Advice and representation in contested Court of Protection proceedings, including urgent interim and emergency applications concerning property and affairs, health and welfare, Deputyship, and safeguarding issues
POA
Annual OPG deputy report
Preparation and filing of your required annual report to the Office of the Public Guardian, ensuring full compliance with OPG requirements.
POA
Deputyship-to-LPA transition planning