For anyone involved in Court of Protection proceedings the number of forms to be completed and signed by various parties can be something of a daunting process.
The following forms are required when making an application to the Court of Protection for the appointment of a deputy:
COP1 – this is the application form and whenever one of these is submitted a cheque in the sum of £400 must accompany it (if none of the exemptions apply)
COP3 – this is the assessment of capacity that needs to be completed by a medical practitioner confirming that P does not have capacity
COP4 – the deputy declaration is completed by the proposed deputy
COP9 – this is an additional form to be completed if the application needs to be placed on the fast track system (for example if the sale/purchase of a property is imminent). This will sometimes be accompanied by a COP24 witness statement if further information is required.
Once the application has been sent to the Court, they will respond within 2-3 weeks with an issued COP1 bearing the stamp of the Court of Protection. The relevant persons then need to be served with the following forms.
A respondent – needs to be served with a copy of the issued COP1 and a COP5 for them to complete and return. The COP5 confirms their consent to the application.
A person to notify – needs to be served with a COP15 notice and a COP5 to complete and return as above.
P – needs to be served in person with a COP14 notice; a COP20A needs to be completed by the person who notified P and then returned.
The applicant then needs to send the following forms back to the Court:
- Completed COP5’s from all respondents and persons notified
- COP20A confirming P has been notified
- COP20B confirming the respondents and persons to be notified have been notified
Upon receipt of the COP20A and B above the application will then be considered by the Court.
When the Order is granted a further form will be sent to the applicant in relation to setting up the security bond with Deputy Bond Services (DBS). Once the Court have been informed by DBS that this is in place, they will stamp and send out the final order to the applicant.
A further COP14 is served upon P on granting of the final order to inform them that an order about them has been made by the Court of Protection.
Now that the deputyship is in place the deputy can proceed with managing the property and financial affairs of P.
Between 6 and 8 weeks before each anniversary of the deputy appointment, the Office of the Public Guardian will contact the Deputy and ask for the OPG Report to be completed and returned to them. This report details all decisions made through the year and a record of all income, expenditure and capital.
Next time I will be discussing what happens when someone objects to a Court of Protection application.