Court of Protection¶
The Court of Protection is the specialist court in England and Wales that makes decisions about the property, finances, healthcare, and personal welfare of adults who lack the mental capacity to make those decisions themselves. It was created in its current form by the Mental Capacity Act 2005 and sits within the High Court. [source: gov-uk/court-of-protection-2026-05-02.html]
When the court is involved: most often when an adult has lost capacity (through dementia, brain injury, severe mental illness, or learning disability) and there is no valid Lasting Power of Attorney in place. A family member, friend, or local authority can apply for the court to appoint a deputy to manage the person's affairs on an ongoing basis. The court can also be asked to make one-off decisions about specific issues — selling a home, consenting to medical treatment, settling disputes between attorneys or family members. [source: gov-uk/become-deputy-2026-05-02.html]
Deputyship costs and timescales: the application fee is £371. If the court directs a hearing, an additional £494 hearing fee applies. Annual supervision fees range from £320 to £775 depending on the type of deputy and the size of the estate. Solicitor costs for a straightforward deputyship application typically run from £500 to £2,000. The application itself takes roughly 6 to 12 months from filing to the order being made — significantly longer than registering an LPA in advance. [source: gov-uk/become-deputy-2026-05-02.html]
Two types of deputy: a property and financial affairs deputy can manage money, pay bills, and deal with assets; a personal welfare deputy makes decisions about care, medical treatment, and where the person lives. Personal welfare deputyships are unusual — the court generally prefers to make individual decisions on welfare matters rather than appoint an ongoing deputy.
Supervision: deputies report annually to the Office of the Public Guardian (which supervises deputies on the court's behalf), file accounts, and may need to take out a security bond. The court retains oversight throughout the deputyship.
Why an LPA is the cheaper, faster route: an LPA registered in advance — while the donor still has capacity — costs £92 per document, takes around 20 weeks to register, and avoids court involvement entirely. Once capacity is lost, an LPA can no longer be made and the Court of Protection becomes the only route. [source: gov-uk/court-of-protection-2026-05-02.html]
Last verified: 2 May 2026 against gov.uk/court-of-protection and gov.uk/become-deputy.