COP2 Permission Form

A deputyship order is a court order under which the Court of Protection appoints someone (called a deputy) to act and make decisions on behalf of a person who lacks mental capacity to manage his own affairs (called a protected person). This is usually the case where the protected person has failed to make an Enduring Power of Attorney or Lasting Power of Attorney under which he appoints his own representatives.

The Court of Protection can grant a property and affairs order, which allows the deputy to manage the protected person’s finances, or a personal welfare order which allows the deputy to make decisions about the protected person’s health, wellbeing and medical care. In either case, the Court will require supporting evidence and this form should be used specifically to provide the required evidence in applications for personal welfare deputyship orders.

Sometimes it is necessary for a person who wishes to begin legal proceedings in the Court of Protection to first obtain the Court’s permission.

For example, the only people who are legally entitled to be notified of an application to register an LPA and to dispute that registration with the Office of the Public Guardian are the donor and others named in the LPA. However, any interested party, such as a friend or relative of the donor, may apply to the Court of Protection for the registration to be blocked, but they will need to seek the Court’s permission before they bring their case.