The following Private Client practice note provides comprehensive and up to date legal information covering:
Although the Court of Protection (the court) can make a one-off order in respect of a person who lacks capacity, this is not always the best solution. When it is not, the court can order that a deputy be appointed to deal with the issue in question or to act on an ongoing basis, particularly if the incapacity is likely to continue into the future. The power of the court to appoint a deputy is contained in section 16 of the Mental Capacity Act 2005 (MCA 2005).
This Practice Note explains the procedure for making a first application to appoint a deputy. For guidance as to who may be appointed as deputy and the factors the court will consider in assessing an application, see Practice Note: Choosing the deputy. For guidance on removing or replacing deputies, see Practice Note: Changing or ending a deputyship.
An application for the appointment of a deputy is commenced in the same way as any other first application and should be made in accordance with Part 9 of the Court of Protection Rules 2017.
On a first application, the following documents must be lodged with the Court of Protection:
COP1 application form in duplicate
Supporting information, which can be:
in form COP1A for property and affairs applications, or
in form COP1B for health and welfare applications
COP3 assessment of capacity
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