The Court of Protection explained
Guidance from Estate Advisory Group
The court that decides for people who cannot decide for themselves — and the backstop when an LPA is missing or has gone wrong.
When you need it
- There is no LPA and the donor has lost capacity — a deputyship application.
- A decision falls outside an attorney's authority: large gifts, a statutory will, tax planning, buying the donor's property.
- A serious dispute about welfare, contact or medical treatment.
- An attorney needs removing.
Forms, fees and time
| Application | Main form | Typical timescale |
|---|---|---|
| Property and affairs deputyship | COP1, COP1A, COP3 | Around 6–12 months |
| Specific one-off decision | COP1, COP9 for directions | 3–9 months |
| Objecting on prescribed grounds | COP7 | Held while decided |
| Urgent order | COP1 with COP8 urgent application | Days, in genuine emergencies |
The application fee is £408 at the time of writing, with remission on a low income, plus a hearing fee if one is needed and any legal costs.
Why an LPA is cheaper
£92 now, or a court application later
A registered LPA costs the OPG fee and takes a few months. A deputyship costs several hundred pounds in fees before any legal costs, takes far longer, and comes with annual supervision fees and reporting.
Common questions
Can I apply myself, without a solicitor?
Yes, many deputyship applications are made by family members without representation.
Does the court supervise attorneys?
No. The OPG supervises deputies and investigates attorneys; the court makes the orders.
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This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.
Published by Estate Advisory Group