Deputyship · England
Help with care and health decisions
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This guide explains a welfare deputy.
A welfare deputy has permission from a court to make certain care or health decisions.
You should get help to make your own decisions.
Being your parent does not automatically let someone decide for you as an adult.
Sometimes you cannot make a particular decision, even with help.
This is called lacking capacity for that decision.
Many care decisions can be made without a welfare deputy.
The people making those decisions must follow the law.
They must consider your wishes and rights.
The Court of Protection does not usually appoint a welfare deputy.
It may decide one particular issue instead.
Someone applying to be a deputy must explain why a deputy is needed.
The court needs information about the decisions you cannot make.
It also needs to know your wishes.
If the court starts considering the application, people must be told about it.
This includes telling you in a way you can understand.
Ask for support to say what you think.
The court can refuse the application.
If it appoints a deputy, it sets limits on their powers.
The deputy cannot take over every part of your life.
The deputy must support you to make decisions where you can.
They must consider your wishes and keep records.
They must make decisions for your benefit.
The law calls this acting in your best interests.
If a decision is urgent, ask for advice quickly.
A solicitor gives legal advice.
A solicitor can explain how to ask the court for urgent help.
What you can do next
Ask whether a welfare deputy is needed.
A court decision about one issue may be more suitable.
Use the official guide for application steps.
Read the welfare deputy application guide Web pageThis link opens another website.
It may use harder words.
Applying for a welfare deputyship
Understand when a health and welfare deputy may be needed, and how to apply.
Personal welfare · Applications concerning adults · England
1. Identify the decision and support the person
Start by assuming the adult can decide. Give them practical help to understand and communicate. A learning disability alone does not show lack of capacity. Being a parent or next of kin does not automatically give authority to decide for an adult.
2. Check whether deputyship is needed
Many care decisions can be made lawfully without a deputy, using the Mental Capacity Act. Welfare deputies are not routinely appointed. A court decision on a specific unresolved issue may be more suitable than ongoing deputyship. Explain why an ongoing appointment would benefit this person; family disagreement alone does not guarantee appointment.
3. Prepare your application
The deputyship forms are COP1, COP1B, COP3 and COP4. Explain the decisions, capacity evidence, the person’s wishes, the existing arrangements and why these are insufficient. Family applicants generally need the court’s permission to apply; where required, request this in COP1 section 6. Name at least three people with an interest.
4. Send the application
Follow the official welfare application page for copies, fees and the postal address. Keep a complete copy. The court considers permission where needed and whether the application can be issued. Check the fees page for possible help with the cost.
5. Notify people after the application is issued
Unlike the finance route, welfare notification follows issue. Normally, within 14 days, notify the person using COP14 and the other named people using COP15, with the required response forms and documents. Explain it accessibly. Return COP20A and COP20B within seven days of notification. Tell the court if notification is not possible.
6. Follow the court’s directions
The court may ask for further evidence or a hearing, make a specific decision, appoint a deputy with limited powers, or refuse the application. Ask how the person will participate and have their wishes heard. If a decision is urgent, seek advice about the appropriate urgent court route rather than waiting for routine deputyship.
7. If you are appointed
Read the order carefully: it does not give unlimited control. Support the person’s own decisions and act only within your authority when they lack capacity for the relevant decision. Record best-interests decisions and consultation, follow Office of the Public Guardian supervision requirements and submit the annual deputy report.
Words you could use
“Please help me identify the decision that needs resolving, whether a one-off court decision is appropriate, and what evidence would justify an ongoing welfare deputyship.”
Where the information comes from
Links checked 26 October 2026.
These links open other websites.
They may use harder words.
- GOV.UK: apply to be a personal welfare deputy Web page
Current application forms, notification after issue and certificates of service.
- Court of Protection: personal welfare applications (COP GN4) Web page
When an application may be needed and requesting permission. Use the current application page for forms and procedural details.
- Mental Capacity Act 2005, section 16 Web page
The court’s powers, the preference for a court decision and limits on a deputy’s powers.
- Mental Capacity Act 2005, section 1 Web page
Presumption of capacity, support to decide, best interests and less restrictive options.
- GOV.UK: a one-off Court of Protection decision Web page
An alternative route for a particular serious unresolved decision, with links for urgent applications.
- GOV.UK: deputyship fees Web page
Current fees and financial help. The means assessed can differ between welfare and financial applications.
- GOV.UK: the annual deputy report Web page
Reporting decisions and consultation to the Office of the Public Guardian.