Help in Making Decisions

The Court only grants this type of Deputyship in limited circumstances.

 

Before you apply

 Step 2: complete the application forms

Typical timescale: 1 to 3 weeks

The main forms are:

• COP1 – Application Form
• COP3 – Assessment of Capacity
• COP4 – Deputy's Declaration

You should ensure all information is accurate and up to date.

Incomplete applications can cause delays.

 

Step 3: submit the application

Typical timescale: immediately once forms are completed

Send the completed forms to the Court of Protection and pay the application fee.

Fee reductions or exemptions may be available depending on financial circumstances.

 

Step 4: notify family members and interested parties

Typical timescale: within 14 days of the court's instruction

The Court may require you to notify:

• The person who lacks capacity (where appropriate)
• Close family members
• Other people identified by the Court

This gives people the opportunity to raise any concerns.

 

Step 5: court decision

Typical timescale: 4 to 9 months for straightforward applications

The Court of Protection will consider:

• Evidence of lack of capacity
• Whether deputyship is needed
• Any objections raised
• The person's best interests
• Whether the proposed deputy is suitable

The Court may request further information or hold a hearing.

 

Step 6: Deputyship Order issued

Typical timescale: 1 to 3 weeks after final approval

If the application is approved:

• The court issues a Deputyship Order
• The Office of the Public Guardian (OPG) begins supervision

The deputy can start making decisions within the authority granted.

 

How long does the process take?

Deputyship applications usually take around 6 to 9 months.  More complex cases may take longer.  Starting the capacity assessment and gathering information early can help avoid delays.

 

Important responsibilities of a deputy

If appointed as a deputy, you must:

•  Always act in the person's best interests
• Only make decisions allowed by the Court Order
• Involve the person in decisions wherever possible
• Keep accurate financial records
• Keep money separate where appropriate
• Complete reports requested by the Office of the Public Guardian
• Inform the OPG about significant changes

 

The OPG supervises deputies and can ask for information or visits.

 

What happens if family members disagree

The Court of Protection focuses on:

• The wishes and feelings of the person
  
• Their best interests
• Who is most suitable to act as deputy

 

Family disagreements may increase the time it takes for the Court to make a decision.

 

Check points to remember

• Check whether an LPA, EPA or other arrangement already exists.
• Deputyship is usually only required when no suitable alternative is available.
• A professional capacity assessment is required.
• Applications must be complete and supported by evidence.
• The process can take 6 to 9 months.
• Deputies must always act in the person's best interests.
• The Office of the Public Guardian supervises deputies after appointment.

 

Contact and other support details

Pembrokeshire County Council Contact Centre 01437 764551

Deputyship and Appointeeship Team 01437 775618

 

You can also get help and information from:

• Court of Protection (opens in a new tab)
• Office of the Public Guardian (OPG) (opens in a new tab)
• Citizens Advice (opens in a new tab)
• Solicitors specialising in Court of Protection matters
• Advocacy services