Court of Protection Applications

Practical support with Court of Protection applications and deputyship arrangements when someone is no longer able to make important decisions for themselves.

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When someone loses the mental capacity to manage their own affairs, their family may need legal authority to make decisions on their behalf. This can arise because of dementia, a serious illness or injury, a learning disability or another condition which affects their ability to make a particular decision. Capacity is considered in relation to the specific decision that needs to be made and can change over time.

Where there is no suitable Lasting Power of Attorney or Enduring Power of Attorney already in place, an application to the Court of Protection may be required. The Court can appoint a Deputy to make ongoing decisions or make a specific decision itself where appropriate.

DTM Legal’s Trusts & Estates team supports individuals and families through Court of Protection applications and advises existing Deputies on their responsibilities. We can explain what authority is required, prepare the necessary application and help ensure that decisions continue to be made within the powers granted by the Court.

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Court of Protection Legal Services

Our team can provide advice and assistance with a range of Court of Protection matters, including:

  • Applications to become a Property and Financial Affairs Deputy
  • Advice on personal welfare applications where Court involvement is required
  • Applications for one-off decisions where ongoing deputyship is not appropriate
  • Applications to change or extend the powers granted under an existing Deputyship Order
  • Advice on managing bank accounts, investments, pensions and other financial affairs
  • Applications and advice relating to the sale or management of property
  • Advice concerning gifts made on behalf of someone who lacks capacity
  • Applications for authority to make substantial gifts where Court approval is required
  • Applications concerning statutory Wills where appropriate
  • Advice for existing Deputies on their legal responsibilities and the limits of their authority
  • Support with reporting and ongoing requirements associated with deputyship
  • Advice where family members disagree about who should act or how decisions should be made

Why Instruct DTM Legal?

Court of Protection applications can arise at a difficult time, often when a family is already dealing with a sudden deterioration in someone’s health or increasing care needs. We aim to make the legal process understandable, explain what information is required and help you identify the most appropriate form of authority for the decisions that need to be made.

Obtaining a Deputyship Order is also only the beginning of the process. A Deputy must act within the authority given by the Court, consider the individual’s capacity when decisions arise and make decisions in accordance with the principles of the Mental Capacity Act 2005. Deputies are also subject to oversight by the Office of the Public Guardian and ordinarily need to submit an annual report explaining the decisions they have made.

Our Trusts & Estates team can provide ongoing advice where more significant decisions arise, including property transactions, gifting or circumstances that fall outside the scope of an existing Court order. This can help Deputies carry out their responsibilities confidently while protecting the interests of the individual they have been appointed to support.

We provide:

  • Clear guidance through the Court of Protection application process
  • Practical advice tailored to the decisions that need to be made
  • Support for prospective and existing Deputies
  • Advice on property and financial affairs
  • Assistance with one-off and additional Court applications
  • Guidance on the responsibilities and limitations of deputyship
  • A sensitive approach to matters involving vulnerable individuals and their families

Get in Touch

If a family member or someone you support can no longer manage their own affairs and there is no appropriate Power of Attorney in place, our Trusts & Estates team can help you understand whether a Court of Protection application is required.

To discuss your requirements, contact us by emailing trustsandestates@dtmlegal.com or calling 01244 354 800 / 0151 321 0000.

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Partner, Trusts & Estates
DTM Legal
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Key Considerations When Making a Court of Protection Application

Read our Key Considerations guide to understand some of the points a solicitor may wish to discuss when responding to your enquiry. It can help you prepare the relevant information and make your initial conversation more productive.

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Trusts & Estates Team

Heather Lally, Partner, Trusts & Estates, Photographed outside DTM Legal in Chester
Heather Lally

Partner, Trusts & Estates
Richard Thomas, Head of Business Recovery photographed outside DTM Legal in Liverpool
Richard Thomas

Head of Business Recovery
Laura Moore, Solicitor, Trusts & Estates
Laura Moore

Solicitor, Trusts & Estates
Faye Kelshaw, Associate, Trusts & Estates (1)
Faye Kelshaw

Associate, Trusts & Estates
Beth Olumese, Legal Secretary, Trusts & Estates
Beth Olumese

Legal Secretary, Trusts & Estates

Frequently Asked Questions

Commonly asked questions regarding Court of Protection applications

A Lasting Power of Attorney (LPA) is normally put in place by an individual while they still have the mental capacity to choose who they want to make decisions for them.

A Deputyship Order is made by the Court of Protection after an individual has lost capacity to make the relevant decisions and no appropriate Power of Attorney is available. The Court decides whether a Deputy is required, who should be appointed and what authority they should have.

This is one reason why putting LPAs in place before they are needed can make managing future affairs simpler for families.

Deputies are often family members or close friends. An applicant must be at least 18 to become a Deputy, and someone applying to manage property and financial affairs needs to be capable of making appropriate financial decisions for the person concerned. Someone cannot act as a Deputy if they are an undischarged bankrupt.

More than one Deputy can be appointed. Depending on the circumstances, the Court can also appoint a professional Deputy where there is nobody suitable or available to act personally.

No. A Deputy’s authority comes from the Court order appointing them, and the order will set out what they are permitted to do. Deputies must act within those powers and comply with their responsibilities under the Mental Capacity Act framework.

Some decisions may require a separate Court application. For example, additional authority can be required for matters not covered by the original order, certain property transactions or significant gifts.

If you are unsure whether a proposed action is authorised, it is sensible to obtain advice before proceeding.

A Property and Financial Affairs Deputy may have authority to deal with property, but the precise powers depend on the Court order. A separate Court application can be required in particular circumstances, including the sale of jointly owned property.

There are also limits on gifting. A Deputy’s Court order may permit reasonable gifts within specified parameters, but substantial or exceptional gifts can require specific approval from the Court of Protection. GOV.UK specifically identifies a large one-off gift for Inheritance Tax purposes as an example where an application may be necessary.

Deputies should therefore obtain advice before making significant gifts or transactions that may fall outside their existing authority.

The current Court of Protection application fee is £432, following the fee changes introduced in July 2026. Additional fees can apply if a hearing is required, and deputyship can also involve other costs such as a security bond and ongoing supervision fees depending on the circumstances. Help with Court fees may be available in eligible cases.

For Property and Financial Affairs Deputy applications, there will usually not be a hearing, although the Court can require one if necessary.

Your solicitor can explain the likely Court fees and legal costs at the outset once the type of application required is clear.

What our Clients Say

See what our customers have to say about their experience

Review Solicitors Stars
5/5 350+Reviews
Simon Poole
17/07/2025
Recently used DTM legal for Estate Planning and Will Making. We received a very efficient & professional service. I would highly recommend and use DTM Legal again
Ginny
19/04/2026
Worked with DTM Legal for many years and I would highly recommend. Very friendly and helpful staff, really supportive of my elderly mother during her appointment.
Layla
19/10/2023
Excellent knowledge and superb explanations.

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