The Court of Protection No Power of Attorney
The Court of Protection is a specialist court in England and Wales that makes decisions for people who lack mental capacity and have not put legal authority in place themselves through the relevant Powers of Attorney.
It becomes involved when there is no valid Lasting Power of Attorney and important decisions need to be made.
When Does the Court of Protection Get Involved?
The Court of Protection usually becomes involved when:
- Someone has lost mental capacity (and not necessarily permanently) and
- There is no relevant and valid LPA, or
- An existing EPA or LPA cannot be used
At that point, family members do not automatically have the right to manage finances or make decisions.
Contact Property & Financial Affairs FAQs Enduring Power of Attorney FAQs Health & Welfare FAQs
What Is a Deputyship?
If ongoing decisions are needed, the Court may appoint a deputy.
A deputy:
- Is chosen by the Court, not by the individual
- Is supervised by the Office of the Public Guardian
- Must follow strict rules and reporting requirements
This process is called deputyship. Sometimes family members are appointed, but they still have to go through all the same hoops as a professional, but it is not usual for the Court to appoint Health and Welfare Deputies, so frequent Court cases may be needed.
What Decisions Can a Deputy Make?
Financial decisions
A financial deputy may be authorised to:
- Manage bank accounts
- Pay bills
- Deal with pensions and benefits
- Sell property (sometimes with further permission)
Welfare decisions
Welfare deputyships are rare.
Most health and care decisions are:
- Made by professionals, or
- Referred back to the Court for specific rulings
This often surprises families.
How Long Does a Court of Protection Application Take?
A typical deputyship application can take:
- 4–6 months, sometimes longer
During this time:
- Accounts may be frozen
- Bills may go unpaid
- Property sales may be delayed
- Families are often left in limbo
Urgent applications are possible, but still take time and cost more.
How Much Does Deputyship Cost?
Costs usually include:
- Application fee
- Assessment and report fees
- Ongoing annual supervision fees
- Security bond premiums
- Professional costs (if used)
There are also ongoing yearly costs, not just a one-off fee.
Check the current Court of Protection fees here
By comparison, LPAs are:
- Cheaper
- Faster
- Chosen by you
- Far less restrictive
Why the Court of Protection Is Often Avoidable
The Court of Protection exists to protect vulnerable people — but it is not a substitute for planning.
With properly made LPAs:
- You choose who acts for you
- Decisions can be made immediately when needed
- Families avoid delay, cost, and stress
- Your wishes carry legal weight
Most Court of Protection cases arise simply because no LPAs were in place.
Court of Protection FAQs
What is the Court of Protection?
The Court of Protection is a specialist court that makes decisions for people who lack mental capacity and have not appointed attorneys under a Lasting Power of Attorney.
When is the Court of Protection needed?
It is needed when someone cannot make decisions for themselves and there is no valid LPA in place to allow others to act.
Can my family make decisions without going to court?
No. Family members have no automatic legal authority once someone loses mental capacity, even spouses or adult children.
What is a deputy?
A deputy is a person appointed by the Court of Protection to manage someone’s affairs when no attorney has been appointed.
How long does deputyship take?
Deputyship applications typically take between four and six months, sometimes longer depending on complexity.
How much does deputyship cost?
Deputyship involves application fees and ongoing annual costs, making it significantly more expensive over time than having LPAs in place.
Can a deputy make health and care decisions?
Usually no. Welfare deputyships are rare, and many decisions must still be referred back to the Court.
Can the Court of Protection sell someone’s house?
Yes. The Court or a deputy can authorise the sale of property if it is considered necessary and in the person’s best interests.
Is deputyship permanent?
Deputyship continues while the person lacks capacity and may involve ongoing court supervision for many years.
How can the Court of Protection be avoided?
By making Lasting Powers of Attorney while you still have mental capacity, most people will never need the Court of Protection.