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Court of Protection UK: When You Need It and How to Avoid It

· 37 min

Note: The following scenario is fictional and used for illustration.

Michael received a devastating phone call on a Tuesday afternoon. His 72-year-old mother Janet had suffered a severe stroke and couldn't make decisions for herself. When he tried to access her bank account to pay her care home fees (£1,400 per week), the bank refused. "Do you have Lasting Power of Attorney?" they asked. He didn't. Janet had mentioned getting one "someday," but they'd never followed through.

Six months and £4,200 in legal fees later, Michael finally became his mother's Court of Protection deputy. The process required medical assessments, court applications, a £320 annual supervision fee, and endless paperwork. Meanwhile, Janet's bills went unpaid, her mortgage fell into arrears, and Michael had to loan her estate £8,400 just to keep her in care.

According to the Office of the Public Guardian, applying for Court of Protection deputyship costs at least 12 times more than creating a Lasting Power of Attorney. For families like Michael's, that preventable expense compounds an already traumatic situation. This guide explains when the Court of Protection is necessary, how the process works, and how to avoid needing it altogether.

Table of Contents

What Is the Court of Protection in the UK?

The Court of Protection is a specialist court established under the Mental Capacity Act 2005. It makes decisions on behalf of people who lack the mental capacity to make specific decisions for themselves. The court has operated in its current form since 1 October 2007, replacing an older system that dealt only with property and financial matters.

The Court of Protection handles decisions for adults who can't make decisions due to conditions like dementia, severe stroke, traumatic brain injury, or serious mental illness. Mental capacity means the ability to understand information relevant to a decision, retain that information, use or weigh it as part of the decision-making process, and communicate the decision.

The court sits primarily in London but can transfer cases to local courts when appropriate. Cases are heard by district judges, senior judges, or High Court judges depending on complexity and the significance of decisions involved.

The court has five core functions. First, it decides whether someone has capacity to make a specific decision. Second, it appoints deputies to make ongoing decisions on behalf of someone who lacks capacity. Third, it gives permission for one-off decisions when no deputy is in place. Fourth, it handles urgent and emergency applications when decisions must be made immediately. Fifth, it oversees Lasting Powers of Attorney and Enduring Powers of Attorney, including considering objections and revoking them if attorneys misuse their powers.

According to GOV.UK Family Court Statistics, there were 2,044 deprivation of liberty applications to the Court of Protection in Q4 2024 alone, demonstrating the court's significant caseload.

When David's wife Emma developed advanced dementia and couldn't sign documents, her bank froze her account. David had no LPA. He applied to the Court of Protection, which appointed him as Emma's deputy for property and financial affairs. Only then could he access her pension and pay their bills.

When Do You Need the Court of Protection?

You need the Court of Protection when someone lacks mental capacity to make specific decisions AND there's no Lasting Power of Attorney or Enduring Power of Attorney in place. This is the primary scenario that triggers court involvement.

Lack of capacity typically results from dementia or Alzheimer's disease, severe stroke affecting cognitive function, traumatic brain injury or coma, severe mental illness that prevents decision-making, or certain learning disabilities depending on the decision required. The assessment is decision-specific—someone might have capacity for simple decisions but lack capacity for complex financial or medical choices.

You must apply to the Court of Protection in specific situations. First, when there's financial urgency—you need to access the person's bank accounts, sell property to fund care, or manage investments on their behalf. Second, for welfare decisions like deciding on care home placement or consenting to medical treatment when no welfare LPA exists. Third, when family disputes arise about who should make decisions for the person. Fourth, when there are concerns about LPA abuse—suspected misuse of power by an existing attorney. Fifth, for one-off major decisions like surgery consent when no welfare LPA is registered.

You DON'T need the Court of Protection if a valid, registered LPA is in place and operative. The attorney can make decisions within the scope of the LPA without court involvement. Similarly, Enduring Powers of Attorney created before October 2007 remain valid and prevent the need for court applications in most circumstances.

Sarah, 68, had a stroke leaving her unable to communicate. Her son needed to pay her care home fees (£1,600 per month) but had no LPA. He applied to become her deputy, a six-month process during which he paid the fees from his own savings.

Robert's Alzheimer's worsened to the point he couldn't recognise family. His wife had property LPA but NOT welfare LPA, so the court had to decide about care home placement. She faced a four-month delay and £1,200 in fees for a decision she could have made with a welfare LPA.

After a motorbike accident, 34-year-old James was in a coma. His parents applied for emergency deputyship to consent to surgery. The court expedited the application, but the process still took three weeks—an agonising wait during a medical crisis.

If the person still has mental capacity, you can create an LPA instead. Once capacity is lost, it's too late—you must go through the Court of Protection. This is why advance planning with LPAs is so crucial.

The Court of Protection Application Process Explained

Since 2024, the Court of Protection uses an upfront notification pilot—you must notify the person and connected individuals BEFORE filing, significantly changing the process and shortening timelines from the previous 9+ month average.

The application follows seven distinct steps.

Step 1: Obtain Capacity Assessment (COP3 Form)

A medical professional must complete the COP3 assessment form confirming the person lacks capacity for the specific decisions in question. GPs, psychiatrists, psychologists, social workers, occupational therapists, and mental health nurses can all complete this assessment.

The assessment evaluates whether the person can understand information relevant to the decision, retain that information long enough to make the decision, use or weigh the information, and communicate their decision. The cost typically ranges from £150 to £300 for GP assessments, which aren't covered by NHS services.

Step 2: Upfront Notification (2024 Process)

You must visit the person lacking capacity and explain the application in accessible terms. Give them form COP14PADep explaining what's happening and offer form COP5 if they may object to the application.

You must also notify at least three "connected people"—family members, close friends, or the person's GP—using form COP15PADep. They have 14 days to respond or raise objections. This upfront notification prevents delayed objections later in the process.

Step 3: Complete Application Forms

Four forms are required. COP1 is the main application form specifying whether you're applying for property and financial affairs deputyship OR personal welfare deputyship. COP3 is the capacity assessment from Step 1. COP4 is the deputy declaration containing your personal details, financial circumstances, and formal undertakings. COP24 provides supporting information about the person lacking capacity, including their circumstances and why deputyship is necessary.

Step 4: File Application

Professionals MUST file online via the GOV.UK Court of Protection portal—online filing has been mandatory since 4 December 2024. Paper filing is only allowed for reasonable adjustments. Digital uptake has reached 88% of applications, speeding processing significantly.

Pay the application fee of £408 (increased from £365 in April 2025) at the time of filing.

Step 5: Court Review

The court "issues" your application, formally starting proceedings. A judge reviews the application and supporting documents. Many applications are approved "on the papers" without a hearing. The judge may request additional information or evidence, or require a court hearing if objections have been raised during notification.

Step 6: Security Bond Arrangement

The court may require you to obtain a security bond—essentially insurance against misuse of the person's funds. The cost starts around £150 depending on the estate value. This protects the person lacking capacity from potential financial abuse by deputies.

Step 7: Deputyship Order Issued

The court issues a sealed order specifying your exact powers and any limitations. You register with the Office of the Public Guardian, which sends supervision requirements and annual reporting obligations. Your deputyship is now active.

The standard timeline is 4-6 months from application to order. Emergency applications receive priority and can be granted within days or weeks if you demonstrate genuine urgency, such as life-or-death medical decisions.

If connected people object during notification, the process becomes "disputed" and can extend to 12+ months with additional hearings and legal costs. Deputies must report annually to the OPG and keep detailed financial records. Property deputies face particularly stringent record-keeping requirements.

How Much Does a Court of Protection Application Cost?

Court of Protection costs dwarf the expense of creating a Lasting Power of Attorney. Understanding the full financial burden shows why advance planning matters.

Upfront Costs (First Year)

Cost Element Amount When Paid Notes
Court application fee £408 At application Increased April 2025
OPG assessment fee £100 At application For all new deputies
Capacity assessment (COP3) £150-£300 Before application GP/specialist fee
Security bond £150+ Before order issued Based on estate value
Solicitor fees (if used) £2,000-£4,000 Throughout For complex cases
Total upfront cost £808-£4,958 First 6 months DIY to solicitor-led

Ongoing Annual Costs

Cost Element Amount Frequency Notes
OPG supervision fee (general) £320 Annually Most deputies
OPG supervision fee (minimal) £35 Annually Estates under £21,000
Professional deputy fee £1,672-£2,116 + VAT Annually If professional appointed

According to the Office of the Public Guardian, deputyship costs at least 12 times more than creating an LPA. The cost comparison over five years is stark.

LPA registration currently costs £92 per LPA (increased from £82 in November 2025), meaning £184 for both property and welfare LPAs with zero ongoing fees.

Court of Protection DIY costs: £808 upfront + (£320 × 5 years) = £2,408 total over five years.

Court of Protection with solicitor: £4,958 upfront + (£320 × 5 years) = £6,558 total over five years.

The ten-year cost difference is even more dramatic. LPAs cost £184 total. Court of Protection deputyship costs £4,008 minimum without solicitor involvement, or £8,158 with solicitor support.

Fee exemptions and reductions exist for those receiving qualifying benefits like Income Support, income-based Jobseeker's Allowance, or Pension Credit Guarantee Credit. Court fees can be waived entirely. Minimal supervision (£35 annually) applies when the person's net assets are below £21,000. However, no fee reduction exists for solicitor costs.

James applied without a solicitor for his mother's £180,000 estate. His costs were £408 court fee, £100 OPG assessment, £250 GP capacity assessment, and £200 security bond—£958 upfront. He now pays £320 annually for OPG supervision.

The Robinson family hired a solicitor for their father's £800,000 estate with multiple properties. Their total first-year cost reached £5,200 including £3,500 in solicitor fees. They pay £320 annually ongoing for supervision.

Creating an LPA before capacity is lost costs £92 to register with zero annual fees. Total cost over ten years: £184 for both LPAs. Court of Protection over ten years: £4,008 minimum—21 times more expensive.

Full fee details are available in Court of Protection Fees (COP44) and Fixed Costs and Deputy Remuneration guidance.

Court of Protection vs Lasting Power of Attorney: The Key Differences

The differences between Court of Protection deputyship and Lasting Power of Attorney reveal why advance planning with an LPA is vastly superior.

Factor Lasting Power of Attorney Court of Protection Deputyship
When created While you have mental capacity After you've lost capacity
Who chooses decision-maker You choose your attorneys Court decides who becomes deputy
Cost £92 per LPA (£184 for both types) £408+ application, £320/year supervision
Timeline 8-12 weeks to register 4-6 months (up to 12+ if disputed)
Ongoing fees None £320 annually (or £35 for small estates)
Annual reporting None (unless OPG investigates) Mandatory annual report to OPG
Scope of authority Broad—attorneys act independently Limited—court specifies exact powers
Court approval needed No (for routine decisions) Yes (for major decisions)
Who oversees OPG (reactive—on complaints) OPG (proactive—annual supervision)
Can it be avoided N/A—it's the preventative measure Yes—by creating LPA in advance

Timing and Control

LPAs are created proactively while you have mental capacity. You interview potential attorneys, discuss your values and preferences, and choose people you trust completely. The Court of Protection is reactive—someone applies after capacity is already lost. The court decides whether the applicant is suitable based on best interests, not your personal preferences.

Legal Authority

LPA attorneys can act immediately for property and financial affairs (if you permit it when creating the LPA) or when you lose capacity (if you specify that restriction). They have broad discretion within the scope of their authority.

Court of Protection deputies can ONLY act within powers explicitly specified in the court order. Major decisions like selling the main residence require separate court applications, adding months of delay and hundreds of pounds in fees.

Flexibility

When creating an LPA, you can include specific preferences about how attorneys should make decisions, guidance about your values, and restrictions on certain actions. The LPA reflects your wishes.

With Court of Protection deputyship, the court determines limitations based on a best interests assessment conducted by people who don't know you personally. Your preferences may be considered but aren't determinative.

Cost Over Time

An LPA costs £184 total for both property/financial and health/welfare types. No ongoing costs. The LPA lasts for your lifetime.

Court of Protection deputyship costs £808 minimum upfront (potentially £4,958 with solicitor), plus £320 annually for supervision. Over ten years, that's £4,008 minimum—more than 20 times the cost of creating LPAs.

Oversight Burden

LPA attorneys manage your affairs without court involvement unless abuse is suspected. They have flexibility to respond to changing circumstances without seeking permission.

Court deputies submit annual reports detailing every transaction, maintain comprehensive records for OPG inspection, and must seek court approval for major decisions. Each court application adds 2-3 months and £408 in fees. The oversight burden is substantial.

Emotional Impact

Creating an LPA while you have capacity means you choose your attorneys, reducing family conflict and ensuring trusted people make decisions. Your family knows your wishes.

Court of Protection involvement often triggers family disputes over who should be deputy. Siblings may compete for appointment, requiring court hearings that create permanent rifts. During an already traumatic time, legal battles compound the emotional pain.

Margaret created both LPAs at age 60 for £184 total. At 72, after a stroke, her daughter stepped in as attorney immediately. No court involvement, no delays, no supervision fees. Margaret's bills were paid on time, her care was arranged smoothly, and her family avoided legal stress.

Without an LPA, David's family spent eight months and £4,500 getting deputyship for his dementia care. His brother objected to David's son being appointed, requiring a court hearing. The family hasn't spoken since. The eight-month delay meant care costs were paid from family savings, creating financial strain and resentment.

The difference is clear. An LPA gives you control, saves thousands of pounds, and protects your family from bureaucracy. The Court of Protection is the expensive, time-consuming backup when you haven't planned ahead.

According to Which? and Citizens Advice, the stress and expense of Court of Protection involvement is almost entirely preventable through advance LPA creation.

What Can a Court of Protection Deputy Do (and Not Do)?

Court of Protection deputies have specific powers and face strict limitations. Understanding what deputies can and cannot do reveals the restrictions families face without an LPA.

Property and Financial Affairs Deputy

Deputies for property and financial affairs CAN manage bank and building society accounts, pay bills including mortgage, rent, and care home fees, collect pension, benefits, and rental income, buy and sell property (with court approval for sales of main residence), make investments within court-approved restrictions, file tax returns and deal with HMRC, and access digital assets if the court order specifically permits.

They CANNOT make decisions if the person regains capacity for that specific decision, make gifts except small customary gifts for birthdays or weddings unless the court authorises larger gifts, change the person's will (only the court can authorise a statutory will), delegate their authority to someone else without court permission, or mix their personal funds with the person's funds—they must keep finances completely separate.

Personal Welfare Deputy

Personal welfare deputies are granted much less frequently than property deputies. The court prefers one-off decisions to ongoing welfare deputyship.

When appointed, welfare deputies CAN decide where the person lives including care home placement, decide on daily routine matters like washing, dressing, and eating, give or refuse consent to medical treatment if the order specifically includes this power, decide on care assessments and care plans, and make decisions about social activities and contact with others.

They CANNOT make decisions about life-sustaining treatment unless the court order specifically grants this rare power, force the person to do something they object to unless the court specifically authorises it, make decisions the person can make for themselves (capacity is decision-specific), or override valid advance decisions to refuse treatment.

Legal Duties Under Mental Capacity Act 2005

All deputies must follow five statutory principles established in the Mental Capacity Act 2005.

First, presume capacity—you must assume the person has capacity unless proven otherwise for the specific decision.

Second, support decision-making—you must help the person make their own decision before making it for them. Use accessible communication, visual aids, or supportive conversations.

Third, respect unwise decisions—the person has the right to make decisions others consider unwise. This doesn't automatically mean they lack capacity.

Fourth, act in best interests—all decisions must be in the person's best interests according to Section 4 of the Mental Capacity Act 2005.

Fifth, choose the least restrictive option—select the option that restricts the person's rights and freedom the least while still achieving the necessary outcome.

Best Interests Checklist

When making any decision, deputies must consider the person's past and present wishes and feelings (what they've said before and any current expressions), their beliefs and values including religious, cultural, and moral beliefs, other factors the person would consider if they had capacity, and the views of family members, carers, and anyone the person named as someone to consult.

Deputies must also consider whether the person might regain capacity. If they might, and the decision can wait safely, it should be delayed until they can participate.

Court Approval Required

Deputies must obtain court approval before selling the person's main residence, making gifts beyond court-approved small customary amounts, making major changes to investment strategy, implementing significant welfare changes like moving to a different care setting, or making any decision outside the scope of the deputyship order.

Each court application costs £408 and typically takes 2-3 months, creating delays when urgent decisions are needed.

Accountability and Supervision

Property and financial affairs deputies must submit annual reports to the OPG detailing all transactions, keep detailed records of all financial decisions with supporting receipts and bank statements, keep the person's money completely separate from their own money, act as a fiduciary with legal duties of honesty and no conflicts of interest, and notify the OPG of significant changes like the deputy moving house or changes to the person's circumstances.

Breaching these duties triggers OPG investigation, potential requirement to repay the person's funds from the deputy's own money, removal as deputy with a new deputy appointed, or criminal prosecution if fraud or abuse occurred.

Emma was appointed deputy for her father Michael's property and financial affairs. When Michael's care needs increased, Emma wanted to sell his house to fund care home fees of £2,000 per month. She couldn't sell without court approval. She applied to the court, which granted permission after confirming the sale was in Michael's best interests. The approval process took three months, during which Emma paid care fees from her savings.

Deputies operate under far more restrictions than LPA attorneys, who generally don't need court approval for routine decisions within their authority. This is another significant advantage of creating an LPA proactively.

Detailed guidance on deputy powers and duties is available in the Mental Capacity Act 2005 legislation on deputies and Court of Protection Rules 2017.

How Long Does Court of Protection Deputyship Take?

The Office of the Public Guardian states deputyship applications typically take four to six months from application to court order. This is significantly faster than the 9+ months common before the 2024 streamlined upfront notification process.

Standard Timeline: 16-24 Weeks

Weeks 1-2: Preparation Phase

Arrange a capacity assessment appointment with your GP or a specialist. Wait for the COP3 form to be completed—GPs are often backlogged, so this can take 1-2 weeks. Simultaneously gather supporting documents including bank statements, asset details, and information about the person's circumstances.

Weeks 3-4: Upfront Notification

Visit the person lacking capacity with the COP14PADep form, explaining the application in accessible terms. Notify at least three connected people using COP15PADep forms. Wait the mandatory 14 days for responses or objections. This notification period cannot be shortened—it's a fixed requirement.

Week 5: Application Submission

Complete forms COP1, COP4, and COP24. File online via the GOV.UK portal (mandatory for professionals since December 2024, achieving 88% digital uptake). Pay the £408 application fee. If forms are completed correctly and all documentation is provided, this takes about one week.

Weeks 6-14: Court Review

The court "issues" your application, formally starting proceedings. A judge reviews the application on the papers. The court may request additional information or evidence. Simple, uncontested applications may be approved quickly (2-3 weeks), while complex cases or those requiring clarification take longer (6-8 weeks).

Weeks 15-20: Security Bond and Final Steps

Once the court approves your application, you must arrange a security bond (typically £150+). The court then issues the sealed deputyship order. This administrative phase takes 2-5 weeks depending on bond provider responsiveness.

Weeks 21-24: OPG Registration

Register with the Office of the Public Guardian. Receive supervision guidance and annual reporting requirements. This final administrative step takes 1-3 weeks. Your deputyship is now fully active.

Total: 16-24 weeks (4-6 months)

Factors That Speed Up the Process

Uncontested applications with no objections from family or connected people process fastest. Straightforward estates with a single bank account and no property sales avoid complications. Complete documentation with all forms correctly filled and a clear capacity assessment prevents delays. Online filing through the digital portal processes faster than paper applications. Cooperative GPs who provide capacity assessments quickly shave weeks off the timeline.

Factors That Cause Delays

Family disputes are the biggest cause of delay. Objections from connected people trigger court hearings, adding 6-12 months to the process. Incomplete forms requiring corrections or additional information add 4-8 weeks. Borderline capacity requiring specialist psychiatric assessment adds 4-6 weeks. Court backlogs during high-volume periods create variable delays. Pending major decisions like property sales requiring separate court approval add 8-12 weeks.

Emergency Applications

If decisions must be made urgently—for example, emergency surgery consent or immediate risk of financial abuse—the Court of Protection prioritises applications. Emergency orders can be granted within days or weeks. However, you must demonstrate genuine urgency. Routine financial matters like paying bills don't qualify for emergency processing.

Emergency scenarios include life-or-death medical treatment decisions, immediate risk of financial abuse where someone is actively stealing from the person, or urgent property protection when repossession is imminent.

Timeline Comparison to LPA

Process Timeline
Court of Protection 4-6 months (up to 18+ if disputed)
LPA registration 8-12 weeks
Difference 2-4× longer (or much worse if contested)

The Williams family applied for deputyship in February after their mother's stroke. With no objections and complete documentation, they received the court order in July—five months later. Meanwhile, bills piled up and they had to loan their mother £6,000 to cover care costs while waiting for legal authority to access her accounts.

During the 4-6 month wait, families face genuine hardship. You cannot pay bills from the person's account, forcing family members to pay care home fees from their own savings (£1,400-2,000 per week adds up fast). Mortgage or rent arrears accrue on the person's home, damaging their credit rating. You cannot sell property to fund care, even if that was clearly the person's intention. The financial stress compounds the emotional trauma of the medical crisis.

Four to six months might not sound long, but when you're facing weekly care costs of £1,600 and mounting bills, it's an agonising wait. This is why creating an LPA proactively—taking just 8-12 weeks and costing £184 for both types—is so much better than waiting for a crisis.

Timeline estimates are drawn from Backhouse Solicitors and BRM Solicitors guidance on Court of Protection processes.

Problems Families Face with the Court of Protection

The Court of Protection process creates significant practical and emotional difficulties for families. Understanding these problems demonstrates why LPA creation is so important.

Communication Difficulties and Access Issues

Families report serious problems contacting the Court of Protection. One family member described on MoneySavingExpert forums phoning 30+ times over six months, being cut off after 20-minute waits each time, with emails going completely unanswered.

Phone lines are overwhelmed with long wait times and frequent disconnections. Email response times stretch to weeks or you receive no response at all. The application forms use complex legal jargon that's difficult for non-lawyers to understand. There's no dedicated case worker—different people handle each enquiry, meaning you explain your situation repeatedly with no continuity.

Financial Strain During Application Period

The 4-6 month application period creates genuine hardship. Families cannot access the person's funds to pay essential bills, leading to care home fees paid from family savings (£6,000-12,000 over six months is common), mortgage or rent arrears that damage the person's credit rating, utility disconnections from unpaid bills, family loans to the person's estate that may never be repaid properly, and council tax or insurance lapses.

Rachel's father went into care needing £1,600 per week in fees. During the five-month deputyship process, Rachel paid £32,000 from her savings. When the court order finally came through, she faced complicated reimbursement procedures and bank resistance to transferring funds back to her.

Ongoing Supervision Burden

Unlike LPA attorneys who act independently, deputies face continuous oversight. They must submit annual reports detailing every single transaction, provide receipts and bank statements for all expenditure, seek court approval for major decisions (adding 2-3 months and £408 each time), respond to OPG queries and investigations within tight deadlines, and pay the annual £320 supervision fee even if the estate is straightforward.

One deputy described it as "reporting to a strict headteacher"—stressful and time-consuming on top of caring responsibilities. The administrative burden is substantial, particularly for family members who are also dealing with the emotional impact of their loved one's incapacity.

Family Disputes and Conflict

When there's no LPA, family conflict often erupts over who should be deputy. Multiple family members may apply with the court forced to choose between them. Relatives may raise objections during the notification period. Disputed applications require court hearings, adding 6-12 months of delay. Legal costs escalate rapidly—£10,000+ for contested cases isn't unusual. Permanent family rifts result from the adversarial process.

When Thomas's mother developed Alzheimer's, both Thomas and his sister applied for deputyship. The resulting court battle took 14 months and cost £18,000 in solicitor fees. The siblings haven't spoken since. Their mother's care suffered during the legal battle as bills went unpaid and decisions were delayed.

Restrictions on Decision-Making

Deputies have significantly less authority than LPA attorneys. They cannot make gifts, even to grandchildren, without court approval—even if the person gave £50 Christmas gifts for 20 years. They cannot sell property without court permission, adding 2-3 months to urgent care funding decisions. They cannot change investment strategy without court approval, even when market conditions clearly warrant it. They cannot make life-sustaining treatment decisions even with a personal welfare deputyship order.

One deputy couldn't give the usual £50 Christmas gifts to four grandchildren without a court application costing £408 and taking three months. The grandchildren were hurt and confused, and the delay meant Christmas passed without gifts from their grandmother for the first time in their lives.

Emotional and Psychological Burden

The Court of Protection process compounds family trauma. Families feel guilt about not having arranged an LPA earlier when it was simpler and cheaper. They experience stress from legal complexity during an already devastating crisis. They face anxiety about court approval delays when urgent decisions are needed. They feel frustration with bureaucracy when they simply want to help their loved one. They feel scrutinised and not trusted due to annual reporting requirements.

Families describe feeling "punished" for not planning ahead. The Court of Protection process adds legal stress to what's already an emotionally devastating time—watching a loved one lose capacity.

Privacy Concerns

Court of Protection creates a permanent public record. Court orders are public documents that anyone can request. Details of the person's finances are disclosed in court documents available to the public. Family disputes become part of the court record. There's less dignity and privacy than the private family arrangement an LPA provides.

Limited Scope of Personal Welfare Deputyship

Personal welfare deputyship is rarely granted. Courts strongly prefer making one-off decisions rather than appointing ongoing welfare deputies. Even with a welfare deputy appointed, major decisions still need separate court approval. Welfare deputyship doesn't give the same authority as a welfare LPA. Medical professionals may override a deputy's decisions in emergencies, creating confusion about who has final authority.

No Flexibility for Changing Circumstances

Deputy powers are fixed by the court order. Changing those powers requires a new court application costing £408 and taking months. LPA attorneys have broader discretion to respond to changing needs without seeking permission. This rigidity creates problems when the person's circumstances change unexpectedly.

These problems are entirely avoidable. Creating an LPA costs £92 per LPA (£184 for both types), takes 8-12 weeks, and gives your chosen attorneys full authority without court supervision, annual fees, or bureaucratic hurdles. The Court of Protection is a safety net when you haven't planned—but it's an expensive, stressful, restrictive safety net you don't want to need.

How to Avoid the Court of Protection Altogether

The single most effective way to avoid the Court of Protection is to create a Lasting Power of Attorney while you still have mental capacity. An LPA lets you choose who will make decisions for you if you lose capacity—no court, no delays, no annual fees.

Why LPA Prevents Court of Protection

An LPA gives your attorneys legal authority immediately once registered (for property LPAs if you permit it) or when you lose capacity. You choose trusted people rather than leaving the decision to a court. The cost is £92 per LPA compared to £408+ for a court application. There are no ongoing fees—zero annual costs compared to £320 per year for deputies. Attorneys act independently without supervision unless abuse is suspected. Attorneys have more flexibility than court-appointed deputies who need approval for major decisions. The arrangement is private rather than creating a public court record.

Two Types of LPA—Both Important

A Property and Financial Affairs LPA covers bank accounts and savings, property and investments, bills, taxes, and pensions, and business interests. It can be used as soon as it's registered if you give permission, or only when you lose capacity—you choose when you create it.

A Health and Welfare LPA covers medical treatment decisions, care arrangements, daily routine decisions, and life-sustaining treatment if you specifically include that authority. It can ONLY be used after you lose capacity, ensuring your privacy while you're still capable.

Cost Comparison Over 10 Years

Option Upfront Cost Annual Cost 10-Year Total
Both LPAs £184 £0 £184
Court of Protection £808-£4,958 £320 £4,008-£8,158
Savings with LPA £624-£4,774 £320/year £3,824-£7,974

The savings are substantial. Over ten years, creating LPAs saves between £3,824 and £7,974 compared to Court of Protection involvement.

Who Should Create an LPA

Everyone over 18 should consider an LPA. Accidents and illness don't discriminate by age—a 25-year-old in a car accident needs someone to manage their affairs just as much as a 75-year-old with dementia.

Parents with young children should ask: who will manage your finances if you're incapacitated? Without an LPA, your partner may need court involvement to access joint accounts.

Anyone with property or assets should protect their estate from court involvement. Business owners must ensure their business can continue operating if they're incapacitated. Unmarried couples face particular risk—partners have NO automatic rights to make decisions, even if you have children together. An LPA is essential for unmarried partners.

People with early-stage dementia should create an LPA while capacity remains. Once capacity is lost, the option disappears forever.

Other Ways to Minimise Court of Protection Involvement

Third-party mandates for bank accounts allow some banks to give a trusted person access to a specific account. However, the scope is very limited (one account only), banks can revoke the mandate at any time, it's not suitable for complex finances, and it doesn't replace an LPA.

Appointeeship for benefits allows the DWP to appoint someone to manage another person's benefits. The process is free with no court involvement, but it ONLY covers DWP benefits like State Pension or PIP. It doesn't cover other finances or property. It's a useful supplement to deputyship but not a replacement.

Joint bank accounts mean joint account holders can access funds if one person loses capacity. However, there's a risk of abuse since the joint holder has full access to all funds. It doesn't cover sole accounts or property. It's not a comprehensive solution.

Advance decisions to refuse treatment are legal documents refusing specific medical treatments in specific circumstances. They must be very specific about the treatment type and circumstances. They only cover refusal, not consent to treatment. They don't cover financial decisions or welfare decisions beyond medical treatment refusal.

None of these alternatives replace an LPA for comprehensive protection.

How to Create an LPA

You have three options. First, DIY with OPG forms downloaded from GOV.UK. You complete, sign, and have the forms witnessed correctly. However, nearly 30,000 LPAs were rejected in 2022-23 due to common errors. The cost is £92 per LPA.

Second, online will and LPA services offer a guided digital process that reduces errors through built-in validation catching common mistakes. These typically cost £90-150 per LPA and are faster and easier than DIY.

Third, solicitors are the most expensive option at £300-600 per LPA but best for complex situations like business interests or family disputes. A solicitor ensures legal accuracy.

The registration timeline is 8-12 weeks from submission to registration if forms are correct. If there are errors, the OPG returns the application for correction, adding 4-8 weeks.

Act Before It's Too Late

Warning signs to create an LPA NOW include a parent showing early memory problems, diagnosis of a progressive condition like Parkinson's, MS, or dementia, family history of early-onset dementia, high-risk occupation or lifestyle, or ageing parents with no plans in place.

The cruel irony of mental capacity law is that you can only create an LPA when you don't need it yet. Once capacity is lost, the option disappears forever. Don't wait for a crisis.

Jennifer created both LPAs at age 62 for £184 total. Seven years later, after a stroke at 69, her daughter became her attorney immediately. No court involvement, no fees, no delay. Jennifer's bills were paid, her house was sold to fund care, and medical decisions were made smoothly—exactly as Jennifer had planned when she had capacity.

Margaret waited, thinking she'd "get around to it someday." At 70, a severe stroke left her unable to make decisions. Her son's Court of Protection application took six months and cost £4,200. Margaret's mortgage went into arrears, bills went unpaid, and her family nearly lost her house. The preventable delay and expense compounded the family's trauma.

Creating an LPA is the single most important financial and legal planning step you can take for incapacity. It's cheaper, faster, more flexible, and keeps control in your hands. The Court of Protection is what happens when you don't plan—and it's a costly lesson your family shouldn't have to learn.

According to Which? and Citizens Advice, advance planning with LPAs prevents the vast majority of Court of Protection applications.

Frequently Asked Questions

Q: What is the Court of Protection in the UK?

A: The Court of Protection is a specialist UK court established under the Mental Capacity Act 2005. It makes decisions on financial or welfare matters for people who can't make decisions themselves due to lack of mental capacity. The court also appoints deputies to make ongoing decisions on behalf of people who lack capacity.

Q: How much does a Court of Protection application cost in the UK?

A: As of April 2025, the court application fee is £408, plus an OPG assessment fee of £100. Deputies then pay annual supervision fees of either £320 (general supervision) or £35 (minimal supervision). Including solicitor fees, the total cost typically exceeds £3,000—at least 12 times more expensive than creating an LPA.

Q: How long does a Court of Protection application take?

A: Standard Court of Protection deputyship applications typically take 4-6 months from application to order. Emergency applications are processed as quickly as possible. The process includes notifying the person lacking capacity and at least three connected people, capacity assessment, court review, and potentially arranging a security bond before the order is issued.

Q: What is the difference between Court of Protection and Lasting Power of Attorney?

A: A Lasting Power of Attorney is created while someone has mental capacity and allows them to choose who makes decisions for them in the future. The Court of Protection becomes involved when someone already lacks capacity without an LPA in place. LPAs cost £92 to register with no ongoing fees, while Court of Protection applications cost £400+ plus annual supervision fees.

Q: Can I avoid the Court of Protection by creating an LPA?

A: Yes, creating a Lasting Power of Attorney while you still have mental capacity is the best way to avoid Court of Protection involvement. An LPA lets you choose your attorneys, costs significantly less (£92 vs £400+), has no annual fees, and gives your chosen attorneys immediate authority once registered. Once you lose capacity, it's too late to create an LPA.

Q: Who can apply to the Court of Protection for deputyship?

A: Anyone can apply to become a deputy, but typically it's family members, close friends, or professional deputies (solicitors). Applicants must be 18 or over, cannot have recent bankruptcy or County Court Judgments, and must complete a COP4 deputy declaration. The court decides whether the appointment is in the person's best interests.

Q: What decisions can a Court of Protection deputy make?

A: Property and financial affairs deputies can manage bank accounts, pay bills, collect pensions, sell property, and make investments. Personal welfare deputies can make decisions about daily routine, medical care, and moving into care homes. Life-sustaining treatment decisions require specific court authorization. Deputies must always act in the person's best interests under the Mental Capacity Act 2005.

Need Help with Your Will?

Understanding the Court of Protection shows why planning ahead matters. Creating a Lasting Power of Attorney while you have capacity protects your family from the stress, cost, and delays described in this guide. The best time to act is now, before a crisis forces expensive court involvement.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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