Making an application to the Court of Protection
Making an application to the Court of Protection

The following Private Client guidance note provides comprehensive and up to date legal information covering:

  • Making an application to the Court of Protection
  • The application form
  • Documents to be filed with the application form
  • Additional requirements relating to case management pathways
  • Procedure when not possible to complete an assessment of capacity
  • Start of proceedings
  • Service of the application on respondents
  • Notification of P and other interested parties that the application has been issued
  • Human rights—in general
  • Human rights—applications, permission and notification

Applications to the Court of Protection (the court) are governed by the Court of Protection Rules 2017 (COPR 2017) and the Court of Protection Practice Directions rather than by the Civil Procedure Rules 1998 and the related practice directions. It is suggested that an individual making an application to the court identifies the applicable provisions in the COPR 2017 and the relevant Court of Protection Practice Direction(s).

In respect of all applications, the appropriate forms must be used in the cases to which they apply, with such variations as are required, but not so as to omit any information or guidance which any form gives to the intended recipient.

The application form

Applications to the court to start proceedings should be made by filing a COP1 application form, which must:

  1. state the matter which the applicant wants the court to decide

  2. state the order which the applicant is seeking

  3. name the applicant (identifying their capacity if applying in a representative capacity)

  4. name the person lacking capacity (P)

  5. name, as respondent, any person other than P whom the applicant reasonably believes to have an interest such that he should be heard in relation to the application as opposed to merely notified under COPR 2017, r 9.10, and

  6. name any person who is entitled to be notified under COPR 2017, r 9.10 rather