Date published: 22nd January 2026

When someone you love can no longer make certain decisions for themselves, and there’s no Lasting Power of Attorney (LPA) in place, the Court of Protection may step in and appoint a lay deputy. 

This is usually a family member or close friend who knows the person well and can help manage their day‑to‑day affairs.

Zita Kiszko, Solicitor in our Court of Protection team, explains what a lay deputy does, when you might need one, how the application works, what it costs, and what to expect once you’re appointed.

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What does a lay deputy actually do?

A lay deputy is someone chosen by the Court of Protection to make decisions for a person who can’t make those decisions themselves at the time they’re needed.

There are two types of deputies:

1. Property & Financial Affairs Deputy

This is the most common type. You may be responsible for things like:

  • Paying bills
  • Managing bank accounts
  • Handling benefits, savings, or investments
  • Maintaining or selling property

2. Personal Welfare Deputy

This type is less common. It’s only used in specific situations, usually when there are ongoing disagreements about care or where someone should live. A welfare deputy makes decisions about:

  • Care arrangements
  • Daily routines
  • Medical care (in certain circumstances)

Do we need a deputy, an LPA, or just a DWP appointee?

It depends on the person’s situation:

  • If they still have mental capacity (meaning they can understand and make decisions):
    The best option is to set up Lasting Powers of Attorney. This avoids needing the court later.
  • If they no longer have capacity and no LPA exists:
    A deputyship may be needed so someone can legally manage their affairs.
  • If the only help needed is managing benefits:
    A DWP appointee can be appointed without going to court.

If you’re unsure, our compassionate team can talk it through with you, no legal jargon, no fluff, just plain English.

How do you apply for deputyship?

To apply, you’ll need to submit forms to the Court of Protection, including:

  • COP1 (the main application)
  • COP1A for property/finance or COP1B for welfare
  • COP3 (an assessment confirming the person lacks capacity)
  • COP4 (your declaration as proposed deputy)

Before the application is finalised, the court will also ask you to notify close connections of the person you are applying for, such as family members, through the COP14PADep / COP15PADep process.

Many applications are decided without a hearing.

What does it cost? Can you get help with fees?

Typical fees include:

  • £421 Court application fee
  • £259 hearing fee (only if a hearing is required)
  • £100 one‑off assessment fee from the Office of the Public Guardian (OPG)
  • £320 annual supervision fee (or £35 for minimal supervision cases)
  • A security bond premium (a type of insurance policy that protects the person’s money you are looking after)

Depending on income and circumstances, fee reductions or exemptions may be available.

Will I be supervised? What reports do I need to complete?

Yes, every deputy is supervised by the Office of the Public Guardian. This is to protect the person you’re looking after.

  • New deputies usually start with general supervision
  • You may move to minimal supervision once things are running smoothly and the estate is smaller

You’ll need to:

  • Follow the Deputy Standards
  • Keep clear records of all decisions and spending
  • Complete an annual report online 

Don’t worry, we can guide you through what this looks like in practice.

Can a deputy give gifts or sell a home?

Gifting

You can only make small, sensible gifts that:

  • Are for customary occasions, such as birthdays
  • Are in line with what the person would usually give
  • Are affordable
  • Don’t affect their care or living costs

Larger gifts or anything connected to inheritance planning will require the Court’s approval.

Selling or buying property

Check your court order first. Deputyship orders will rarely give permission to sell or buy a property unless this is explicitly requested in the application.  You may need to make another application to sell or buy a property.

If you’re unsure about whether you can do something, we can review your order and advise you before any important decisions are made. 

Our specialised Court of Protection team is here to help

Deputyship can feel complicated, but you don’t have to handle it alone.

If you need clear, compassionate guidance, our Court of Protection team at Jackson Lees is here to help. We can talk you through your options, prepare the application for you , and support you  through the process, always acting in your loved one’s best interests.

Please give us a call, request a callback or make an enquiry to find out how we can help.