News

16th July 2014

How to apply to the court of protection?

When a person lacks the mental capacity to make decisions for themselves, you can apply to the Court to make a decision for that person on any matter to do with their health and welfare or their property and financial affairs.

Examples of the sorts of decisions the Court usually makes are:

  • Whether to appoint a deputy to make decisions for the person without the need to go to court;
  • How their money should be dealt with;
  • Where the persons should live and the care they should receive;
  • What type of contact the person should have with other people.

There are some decisions only the court can make and other decisions which can be made without the court if everyone involved is agreed about what is in the person “best interests”.

When you apply to the court you need to complete a court application. The application papers that you need to fill in depend on the type of decision you are asking the court to make. If you would like the court to make a decision about a person’s finances then you need to complete:

  • COP application form 1 (COP1) – which tells the court the decision you would like it to make
  • COP application form 1A (COP1A) – which tells the court about the person’s finances;
  • COP application form 2 (COP2) – which asks the court for permission to make the application;
  • COP application form 3 (COP3) – which provides evidence to the court that the person does lack capacity to make the decision for themselves;
  • COP application form 4 (COP4) – this form is used if you are asking the court to appoint you as a deputy to manage a person’s financial affairs for them. It is your declaration that you would be able to do that job if you were appointed.
  • Witness statement (COP24) – this should tell the court the background story and why you think the decision you are asking the court to make is the right one for the person who lacks capacity.  

If you would like the court to make a decision about a person’s welfare then you should fill in:

  • COP application form 1 (COP1 form) – which tells the court the decision you would like it to make
  • COP application form 1A (COP1B) – which tells the court about the current circumstances;
  • COP application form 2 (COP2) – which asks the court for permission to make the application;
  • COP application form 3 (COP3 form) – which provides evidence to the court that the person does lack capacity to make the decision for themselves;
  • COP application form 4 (COP4) – this form is used if you are asking the court to appoint you deputy to make welfare decisions in the future without the need to go to court.  It is your declaration that you would be able to do that job if you were appointed.
  • Witness statement (COP24) – this should tell the court the background story and why you think the decision you are asking the court to make is the right one for the person who lacks capacity.  

Sometimes, the way people who lack capacity are cared for is very restrictive. Usually restrictions on people are in place to keep them safe. However, this could mean that the person is “deprived of their liberty” – it is sometimes called “being on a DOLs”. You can apply to ask the court whether the restrictions on a person are too much and should be relaxed.  

If you want to make this kind of application you need to fill in:

  • Deprivation of Liberty application form (COPDLA) – which tells the court about the person involved;
  • Urgency application form (COPDLB) – which tells the court that the application is urgent and should be considered quickly
  • Witness statement (COP24) – which tells the court the background to the application and why you think the court should consider whether to relax the restrictions in place on the person and if you think they should be relaxed, then why you that. 

This link will take you to all the forms that you might need to apply to the court.

Applications to the Court of Protection cost £400. You could be exempt from that fee or eligible to have it reduced depending on how much income you get.

Legal aid may be available in cases involving decisions about a person’s welfare and when the situation involves a deprivation of liberty. 

For further advice and assistance, please email cop@cartwrightking.co.uk or call 0845 894 1622 and ask for the Court of Protection team. 

For further information please get in touch with our dedicated team.

You can always call us on 0845 894 1622 or email on info@cartwrightking.co.uk

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