Court of Protection deputyship for parents — making decisions for a child or adult who lacks capacity

REVIEWED BY: Sean McNamara on 2026-09-01

If your child (or an adult family member) cannot make a decision for themselves — because of a learning disability, acquired brain injury, severe illness or another reason — you may need legal authority to make that decision for them. For adults and for young people approaching 16–18, that authority usually comes from the Court of Protection via a deputyship order. This guide explains what deputyship is, the two types, how to apply, and what it costs. It is not legal advice.

What a deputy is

A deputy is a person authorised by the Court of Protection to make decisions on behalf of someone who lacks mental capacity to make those decisions themselves — and who does not already have a valid Lasting Power of Attorney (LPA) in place (an LPA can only be made while the person still has capacity to create one). You must follow the five core principles of the Mental Capacity Act 2005 and its Code of Practice when acting as a deputy — decisions must always be made in the person's best interests, and as restrictively as possible.

Two kinds of deputy:

Property and financial affairs deputy — manages money, benefits, property, paying for care.
Personal welfare deputy — makes decisions about medical treatment and care. The court only appoints a welfare deputy in limited circumstances, usually where decisions are complex or contested.

When parents need this

Your child is turning 16–18 with a disability. Parental responsibility alone does not let you control an adult child's finances or welfare decisions. Once your child turns 18, you may need a deputyship to continue lawfully making certain decisions.
A partner or adult child loses capacity through injury or illness, with no LPA in place.
Transition planning — many parents apply for a property and affairs deputyship in the final school year so there is no gap in authority over benefits and money at 18.

Deputyship is different from a special guardianship order or child arrangements order — those concern children under 16 and do not confer Court of Protection authority over an adult's affairs.

How to apply

The official process (per gov.uk's "Deputies: make decisions for someone who lacks capacity" guidance):

1. Download and complete the forms: - COP1 — the application form (send the original plus a copy); - COP3 — an assessment of capacity form, normally completed by a professional who can assess the person (doctor, social worker); - COP4 — a deputy's declaration; - COP1B — a supporting information form. 2. Name at least three people who know the person (relatives, a social worker, doctor) in your application. 3. Send the forms (including 2 copies of COP1), the fee and any supporting documents to: Court of Protection, PO Box 70185, First Avenue House, 42-49 High Holborn, London WC1A 9JA. 4. Tell (serve) the people named in your application — by post, email or in person. 5. Within 7 days of serving, file the confirmations: COP20A (certificate of notification — for the person the application is about) and COP20B (certificate of service — for the other people named), all sent together to the Court of Protection. 6. The court aims to send a stamped copy of the application (the "issued" copy) within about a week, then will either approve, reject, ask for more information, or list a hearing (for example if someone objects). You may be required to pay a security bond before being appointed as a property and affairs deputy.

What it costs

Court of Protection fees (verify the current figures on the official fees page before applying — they are updated periodically):

An application fee when you file COP1;
Possibly an annual supervision fee once appointed;
A possible security bond (an insurance premium) for property and affairs deputies.

Fee remissions: if you are on a low income or certain benefits, you can apply for a fee remission using form EX160 — see our EX160 fee waiver guide. Court of Protection fee sheets state which fees can be remitted.

After you're appointed

You'll receive a deputyship order setting out exactly which decisions you can make — stay within its terms.
Property and affairs deputies must keep accounts and file an annual report with the Office of the Public Guardian (OPG), which supervises deputies.
If you want to do something the order doesn't cover (for example, certain gifts), you usually need to go back to court first.
The OPG can investigate concerns about deputies; acting outside your authority can lead to removal.

Alternatives worth checking first

Does a decision actually need to be made for them? Under the Mental Capacity Act, all practicable steps should be taken to help the person decide for themselves first.
Is there already authority? An existing LPA or an earlier Court of Protection order may cover it.
For benefits money only: appointeeship through the Department for Work and Pensions can let you manage a person's benefits without full deputyship.
For medical decisions: doctors can treat in a person's best interests under the Act in many situations without a welfare deputy.

If you are unsure, organisations like Mencap, Mind, Headway (brain injury) and Citizens Advice offer guidance, and the official gov.uk deputyship pages linked below are the authoritative source.

YourFamilyCase.co.uk is an independent information directory — we are not affiliated with, endorsed by, or connected to HMCTS, the Court of Protection, the Office of the Public Guardian or gov.uk. This page is general information and is not legal advice.

Official sources (gov.uk):

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.