What is a deputyship order — and how do you take over someone’s affairs if they have no Lasting Power of Attorney?

Why can’t you just take over when a family member loses mental capacity?

This is one of the most common — and most distressing — surprises families face. Many people assume that because they are a spouse, adult child, or next of kin, they have the right to manage a loved one’s bank account, deal with their pension, or make decisions about their care. Legally, you do not.

Banks, pension providers, and local councils cannot take instructions from you unless you hold a formal legal authority. Without it, they are required to refuse — even if the person is your partner of 40 years. The authority you need is either a Lasting Power of Attorney (LPA), which must be set up while the person still has mental capacity, or a deputyship order, granted by the Court of Protection after capacity has been lost.

What is a deputyship order?

A deputyship order is a legal document issued by the Court of Protection — a specialist court that protects people who lack the mental capacity to make their own decisions. The court appoints you (or another person) as a deputy, giving you the authority to act on the person’s behalf in the areas the order specifies.

Deputies are supervised by the Office of the Public Guardian (OPG) and must act strictly in the best interests of the person they represent, following the principles of the Mental Capacity Act 2005. The OPG monitors deputies regularly and can investigate complaints.

What are the two types of deputyship?

There are two distinct types of deputyship, and you may need one or both depending on your situation:

• Property and financial affairs deputy — covers bank accounts, bills, benefits and pension claims, buying or selling property, investments, and managing tax affairs. This is the most commonly needed type.
• Personal welfare deputy — covers decisions about day-to-day care, where the person lives, and consent to medical treatment. Courts grant this type less often, because carers and medical professionals can make many day-to-day decisions under the Mental Capacity Act without a formal deputy.

If you need both types, you can apply for them together in a single application.

How do you apply — and what forms do you need?

The application goes to the Court of Protection and requires three official forms:

• COP1 — the main application form
• COP1B — a supporting statement explaining why the deputyship is needed
• COP3 — a formal assessment of capacity, completed by a medical professional such as a GP, psychiatrist, or social worker

Before submitting, you are legally required to notify at least three people who are close to the person — family members, close friends, or others with a significant relationship — and allow 14 days for any objections before lodging the application.

All forms are available on GOV.UK (search “become a deputy”). The application can be submitted by post or, in some cases, electronically. Many families choose to use a solicitor, particularly if the person’s estate is complex — but it is entirely possible to do it yourself if the situation is straightforward.

How long does it take — and what does it cost?

This is where deputyship differs sharply from an LPA, and it is one of the strongest reasons to encourage loved ones to set up an LPA while they still can.

• Court application fee: £421 (2026 rate)
• Annual OPG supervision fee: £320 per year for general supervision, or £35 for small estates under £21,000
• Security bond: an insurance-style bond most deputies must hold, costing roughly £100–£200 per year depending on the size of the estate
• Total first-year cost: typically £1,000–£1,500 including fees, bond, and any legal help
• Timeline: six to eight months for straightforward applications; longer if the application is contested or documents are incomplete

For comparison: registering an LPA currently costs £82 per document (£164 for both types), takes around 20 weeks, and never needs renewing. The difference in cost and waiting time — at exactly the most stressful point in a family’s life — is significant.

What are your ongoing responsibilities once you become a deputy?

Being appointed as a deputy is not a one-off event. You take on a set of continuing legal duties for as long as you hold the role:

• Annual report to the OPG: on the anniversary of your deputyship order each year, you must submit a detailed report covering all decisions made, income and expenditure, any property transactions, visits made to the person, and compliance with the security bond.
• Acting in their best interests: every decision must be made for the benefit of the person — not for your own convenience or that of other family members.
• Keeping clear records: the OPG can audit your financial records at any time. Keep receipts and a running log of all transactions.
• Maintaining the security bond: this must remain in place for the entire time you serve as deputy.

If you need to step down — because of your own health, a move abroad, or any other reason — you can apply to the Court of Protection to be replaced by someone else.

Is there anything you can do while waiting for the deputyship order to come through?

Six to eight months is a long time when a family member urgently needs support. Here are some practical steps you can take while the court process is under way:

• Notify the DWP and your local council that the person can no longer manage their own affairs. State pension and benefits can continue to be paid into their account while you wait.
• Ask their bank about the appointee process, which allows someone to manage benefits payments on behalf of a person who lacks capacity. This is separate from — and simpler than — deputyship, but is limited to benefits only.
• Contact your local authority’s social services team. They have a duty of care and can help arrange urgent care needs while the legal process is ongoing.
• In genuine emergencies — for example, a household bill about to go into default — you can apply to the Court of Protection for an urgent or interim order. This is not routine, but the court can act quickly when the situation demands it.