How to Apply to the Court of Protection

March 2025

The Court of Protection makes decisions relating to welfare and finances on behalf of people who don’t have the mental capacity to make those decisions for themselves.

There are various reasons why you might need to apply to the Court of Protection. This might be because:

• You want to apply to act as a deputy on behalf of a loved who has lost mental capacity and does not have a valid Lasting Power of Attorney (LPA).
• You want to ask that a statutory Will is put in place for a family member who no longer has sufficient mental capacity to make a Will themselves.
• You want to ask permission to make a one-off decision on behalf of someone close to you who is no longer capable of making that decision.
• You need support making a decision that is beyond the scope of your authority as a deputy or attorney.
• You need support regarding a Deprivation of Liberty order under the Mental Capacity Act.

What are the first steps?

If you need to make an application to the Court, the first steps in the process will depend on the situation and what exactly it is that you need support with. We’d always recommend speaking to an experienced solicitor first and foremost, as they will be able to talk you through your options and help you determine the best way forward.

Your solicitor will then be able to guide you through the process of completing the appropriate application form and ensuring you have provided all relevant supporting documents.

Though it is possible to apply directly to the Court of Protection yourself, this is a complex process that can be difficult to navigate without specialist support.

What if support is needed urgently? 

Sometimes decisions need to be made on behalf of other people that are extremely time sensitive. This might be because the decision concerns emergency life-saving medical treatment, or because a decision needs to be made on someone’s behalf when they don’t have long left to live.

In situations like these, it may be possible to make an emergency application to the Court of Protection.

Though you cannot make an urgent application to be appointed as someone’s deputy, if you have already put in an application to do this, it will be possible to make an urgent request for a specific one-off decision while you’re waiting. However, the Court will only grant this type of interim order if they consider the individual’s life or welfare to be at risk.

How much does it cost to apply to the Court of Protection?

There are costs involved in making an application to the Court of Protection. What these costs are will depend on the exact circumstances of the situation.

In most cases you will need to pay an application fee of £408. This may be followed by additional fees if a hearing needs to be held, and/or if you decide to appeal any decision that is made.

You may be able to claim back these costs from the estate of the person you are applying on behalf of. Alternatively, if you have a low income, have little to no savings and/or if you’re in receipt of certain benefits, you may be able to get help with court fees.

If you are working with a solicitor to help manage your application, you will also need to pay the solicitor’s fees.

What should you expect once you’ve submitted your application?

Once you’ve submitted your application to the Court of Protection, you will typically need to expect a period of waiting. This might not be very long at all if you have submitted an emergency application. However, other applications can take much longer. For example, once you have submitted an application to be appointed as a deputy, there will typically be a two to six month wait until you are officially appointed and can begin acting.

In some situations, you will receive a decision by post. In others, it might be necessary for a hearing to be held.

If there is a hearing, you might be given a decision on the day, or you might have to wait to hear by post after the event. If you do not agree with the decision, you may be granted permission to appeal.

Your solicitor will be able to advise you on what to expect in your particular circumstances.

If you are caring for someone who’s no longer able to make decisions for themselves and you’re not sure about the next steps, please don’t hesitate to get in touch. Our experienced solicitors are always on hand to help you determine the best course of action.