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Look after yourself. This is a marathon.

Before you apply

Not everything needs to go through the Court of Protection

The Court of Protection is a powerful backstop, but it is also slow, expensive and stressful. Often there is a quicker route that protects P's rights and avoids a court order. This page lists the main alternatives and when to use them.

Lasting Power of Attorney (LPA)

An LPA is the most common way to avoid COP. P chooses one or more trusted attorneys while they still have capacity to make the decision. There are two types: Property & Financial Affairs, and Health & Welfare.

Apply for or register an LPA on GOV.UK →

Advance Decision to Refuse Treatment (ADRT)

If P is 18+ with capacity, they can write an advance decision about specific medical treatments they want to refuse in future. A valid ADRT is legally binding and can remove the need for a court order.

Read about advance decisions on NHS.uk →

Best-interests meeting

Under the Mental Capacity Act, a decision must be made in P's best interests. If the people who know P agree, that decision can be recorded in a meeting without a court order. Ask for a written record and the evidence used.

Mental Capacity Act guidance on GOV.UK →

Independent advocacy

An IMCA, Care Act advocate, RPR or independent advocate can support P, challenge unlawful decisions and sometimes prevent the need for court proceedings. Check with the local authority or ICB.

NHS: Independent Mental Capacity Advocate (IMCA) →

Ombudsman and regulatory complaints

If the dispute is about how a public body has acted, you can complain to the Local Government and Social Care Ombudsman (LGSCO), Parliamentary and Health Service Ombudsman (PHSO), CQC, Social Work England, the SRA or the JCIO.

Local Government and Social Care Ombudsman →

Letter before claim / pre-action

Before issuing a court application, a letter before claim sets out the legal basis and gives the public body a chance to put things right. This is often required in judicial-review cases and can avoid a hearing.

Pre-action protocol for judicial review →

When to use COP

Some things still need the court

You usually do need the Court of Protection when:

  • There is a genuine dispute about whether P has capacity for a specific decision.
  • Someone wants to deprive P of their liberty in a care home or hospital (DoLS / Liberty Protection Safeguards).
  • A serious medical treatment decision is needed and there is no valid advance decision, attorney or agreed best-interests outcome.
  • There is a conflict between family members, or between family and professionals, that cannot be resolved any other way.
  • You need to remove or replace an attorney or deputy who is not acting in P's best interests.

Check the alternatives first

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Quick comparison: LPA vs Deputyship

An LPA is chosen by P before capacity is lost. A deputyship is applied for by someone else after P has lost capacity.

QuestionLPADeputyship
Who decides?P chooses their attorneysThe Court of Protection decides
When?While P has capacityAfter P has lost capacity
Cost£82 registration fee per LPAApplication, hearing, annual and possibly legal fees
ControlP sets the rules and limitsThe court sets the rules and may require reports
SpeedRegister once; usually quicker than courtSeveral months, sometimes longer if contested

Become a deputy on GOV.UK · Office of the Public Guardian

Jurisdiction note

This page focuses on England & Wales. You have selected: England & Wales.

Scotland, Northern Ireland and the Republic of Ireland have their own systems: the Sheriff Court / Office of the Public Guardian (Scotland), the Office of Care and Protection (Northern Ireland), and the High Court / Ward of Court (Republic of Ireland). Always check the local court website or get local legal advice.