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Court of Protection: What You Need to Know

02 February 2026

When a person can no longer make decisions for themselves and has not put a Lasting Power of Attorney (LPA) in place, the Court of Protection can intervene to ensure their affairs are managed lawfully and in their best interests.

We advise clients across Dorset, including Bournemouth, Christchurch and Poole, on Court of Protection applications, deputyships, and one-off decisions. This article explains what the Court of Protection does, when an application may be required, and what the application process involves.

What Is the Court of Protection?

The Court of Protection is a specialist court in England and Wales with authority to make decisions for individuals aged 16 or over who lack the mental capacity to make specific decisions themselves.

Mental capacity is assessed under the Mental Capacity Act 2005, which provides the legal framework for decision-making on behalf of vulnerable adults. The Court’s role is not to remove autonomy unnecessarily, but to ensure decisions are made:

• Lawfully
• Proportionately
• In the individual’s best interests

The individual at the centre of proceedings is referred to as “P” in Court documentation.

When Might a Court of Protection Application Be Necessary?

An application to the Court of Protection is usually a last resort. In many cases, it can be avoided if a valid Lasting Power of Attorney was made while the individual still had capacity. Where no such arrangements exist, the Court can step in to provide authority and clarity.

Applications are commonly required for decisions relating to:

• Mental capacity: where there is disagreement about whether P can make a specific decision
• Property and financial affairs: such as managing bank accounts, paying bills, or selling property
• Health and welfare decisions: which are less common and usually limited to specific circumstances
• One-off decisions: including statutory wills, large gifts, or authority to complete a particular transaction
• Urgent or emergency matters: such as time-sensitive medical treatment or safeguarding concerns
• Disputes: where family members or professionals cannot agree on what is in P’s best interests

Who Can Apply to the Court of Protection?

Anyone aged 18 or over can apply to act as a deputy, although applicants are most commonly close family members or trusted friends.

In some situations, particularly where finances are complex, assets are significant, or disputes exist, the Court may appoint a professional deputy, such as a solicitor experienced in Court of Protection work.

We regularly act for clients in Bournemouth, Christchurch, Poole and across Dorset, either supporting family members through the application process or acting as professional deputies where appropriate.

The Court of Protection Application Process Explained

Applying to the Court of Protection involves several formal stages and can take several months from start to finish.

Preparing the Application

The application begins with completing several Court forms, typically including:

• COP1 – the main application form
• COP3 – a mental capacity assessment completed by a medical professional or suitably qualified assessor
• COP4 – the deputy’s declaration, confirming understanding of the role and legal duties

For property and financial affairs applications, a COP1A form is also required, detailing P’s assets, income, and liabilities.

Submitting the Application and Paying the Fee

Once completed, the forms are submitted to the Court along with the application fee. The standard fee is currently £400, although fee reductions or exemptions may be available depending on P’s financial circumstances.

Notifying P and Other Interested Parties

After the application is issued, the applicant must formally notify:

• P, and
• At least three other people with an interest in P’s welfare

This safeguard allows those notified to raise concerns or objections, usually within 14 days.

Court Consideration and Hearings

Once the notification period has passed, the Court reviews the application. In straightforward cases, a decision may be made without a hearing. Where objections, disputes, or complex issues arise, the Court may request further information or list the matter for a hearing.

The Court Order and Security Bond

If the application is approved, the Court issues an order setting out the deputy’s authority. Before the order takes effect, the deputy may need to arrange a security bond, which acts as insurance to protect P’s finances from misuse or mismanagement.

Responsibilities After Appointment

Once appointed, a deputy must:

• Act at all times in P’s best interests
• Work strictly within the limits of the Court order
• Keep accurate records of decisions and finances

Deputies are supervised by the Office of the Public Guardian and must submit annual reports explaining how P’s affairs have been managed. Deputies can be held accountable if they fail to meet their duties.

Why Legal Advice Is Often Essential

Court of Protection applications are detailed, document-heavy, and strictly regulated. Errors or omissions can lead to delays, increased costs, or refusal of the application.

Working with a solicitor experienced in Court of Protection matters can make the process significantly more manageable. A solicitor can:

• Advise whether an application is necessary
• Prepare and submit the required documentation
• Manage notifications and correspondence with the Court
• Provide ongoing guidance once a deputy is appointed

If you are considering a Court of Protection application, speaking to a solicitor at an early stage can provide clarity, reassurance, and practical support. Our experienced team in Bournemouth, Christchurch and Poole are here to help.

Contact us on 01202 294411 or via online: Contact Us AB Solicitors For Your Legal Needs

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Further Information