If you have just been frozen out of a parent's finances
Most people arrive at this page after a phone call with a bank. A parent has had a stroke, or a dementia diagnosis has moved faster than anyone expected, and suddenly the person who has always paid their own bills cannot do it any more. You offer to help. The bank tells you it cannot discuss the account with you, and then - often - it restricts the account entirely. Direct debits start bouncing. A care home invoice arrives. Nobody can touch the money that is sitting right there to pay it.
It is worth saying plainly: this is not your fault, and it is not theirs. Fewer than one in five UK adults has a lasting power of attorney. Almost nobody makes one expecting to need it soon, and the conversations that lead to one are exactly the conversations families put off. You are in a common situation, not a negligent one, and there is a defined route out of it.
That route is deputyship. You apply to the Court of Protection, which is the specialist court for people who cannot make decisions for themselves, and ask to be appointed as your relative's deputy. If the court agrees, you get a sealed order that banks and other institutions must accept. The honest downside is that it is slower and more expensive than an LPA, and it comes with ongoing supervision. The honest upside is that it works, most family applications succeed, and you do not need a solicitor to make one.
- Write to the bank, care home and any creditors to say a deputyship application is underway. Many will pause collection activity or hold an account open when they know.
- Ask each bank what it will accept in the meantime - some will pay essential bills such as care fees or a mortgage directly from a frozen account without a court order.
- Check whether the only money involved is state benefits. If so, DWP appointeeship is free, much faster, and may be all you need.
- Gather the paperwork you will need anyway: a list of accounts, income, debts, property and the contact details of close family.
LPA versus deputyship - what the difference actually costs you
If you still have the option of an LPA - for yourself, or for another relative who has capacity - this table is the argument for doing it now. If you no longer have that option, read it as an explanation of why deputyship feels heavier than you expected, rather than as a reproach.
| Lasting power of attorney | Deputyship | |
|---|---|---|
| When it can be made | Only while the person still has capacity to make it | After capacity has already been lost |
| Up-front cost | £92 per type (£184 for both) | £432 application, plus £100 for a new deputy |
| Ongoing annual cost | None | £35-£320 supervision, plus a security bond premium |
| How long it takes | Weeks - registration is an administrative process | Around 4-6 months, longer if contested |
| Who chooses the decision-maker | The person themselves, in advance | The court, after the fact |
| Scope of authority | Broad, as set out in the LPA | Limited to what the order says - anything else needs a fresh application |
| Ongoing obligations | Keep records; act in best interests | Annual report to the OPG, separate accounts, security bond, supervision |
| Gifting | Limited, but wider than a deputy's | Tightly restricted - modest customary gifts only without court approval |
| Welfare decisions | Available as a health and welfare LPA | Welfare deputyship granted far more rarely |
LPA fees from the Office of the Public Guardian; Court of Protection fees from the COP44 fees leaflet on GOV.UK, updated 21 July 2026. Fee remission and exemption are available for both routes on low income or certain benefits.
The headline comparison is stark - £184 and a few weeks against £432, several months and years of supervision - but cost is the least of it. The thing families notice most is control. With an LPA, your relative chose you. With deputyship, a court decides who acts and how far their authority runs, and you live inside those limits until the person dies or recovers capacity.
The most useful thing you can take from this page, if you are here helping someone else, is to make your own LPA while it is still an administrative task rather than a legal one. That applies to you, your partner, and any relative who still has capacity - including, sometimes, the person you are currently worried about. Our lasting power of attorney guide walks through both types and the registration process.
Before you apply: could an LPA still be possible?
This is the section most families skip, and it is the one that occasionally saves months and hundreds of pounds. People assume that a dementia diagnosis, or a confused conversation last Tuesday, means capacity has gone. Legally, that is not how it works.
Under the Mental Capacity Act 2005, capacity is assessed two ways that matter here. It is decision-specific: the question is never "does Mum have capacity?" but "does Mum have capacity to make this particular decision at this particular moment?" Someone may be quite unable to manage a share portfolio or understand a mortgage, yet still understand what an LPA is, who they would want to act for them, and what it lets that person do. That is a much simpler decision, and it is the only one that has to be understood to make an LPA.
Capacity can also fluctuate. Delirium from an infection, the aftermath of a hospital stay, a new medication, dehydration, or simply the wrong time of day can all make someone look far less capable than they are on a good morning. Urinary tract infections in older people are notorious for producing sudden, dramatic and entirely reversible confusion. Capacity should be assessed when the person is at their best, not on the worst afternoon of a bad week.
- 1 They can still understand what an LPA is and who they would want to appoint→ An LPA may still be possible even alongside a dementia diagnosis. Ask a GP or a solicitor experienced in capacity to assess them specifically for this decision, at a time of day when they are at their best. If they can make it, this is faster and cheaper than deputyship by a wide margin.
- 2 Their confusion came on suddenly, or comes and goes→ Push for a medical review before assuming anything is permanent. Infection, delirium, medication side effects and dehydration all cause reversible confusion in older people. Reassess once the underlying cause has been treated.
- 3 Capacity for this decision is clearly and permanently absent→ Deputyship is the route. Before applying, check whether DWP appointeeship or a one-off court order would cover the actual problem - many families need far less authority than a full deputyship provides.
- 4 You are not sure, and the family disagrees→ Get a professional capacity assessment in writing rather than relying on family impressions. It settles the question, and if the answer is that capacity is absent you will need that assessment for the COP3 form anyway.
The deputyship application, step by step
You can do this yourself. Plenty of families do, and the court is used to dealing with people who are not lawyers. The forms are long rather than difficult, and the most common cause of delay is an incomplete application rather than a rejected one.
| Step | What happens |
|---|---|
| 1. Decide which deputyship | Property and financial affairs is the common one. Personal welfare is granted far more rarely. They are separate applications, each with its own fee. |
| 2. Get the capacity assessment | A suitable professional completes form COP3. The court may not accept the application without it. |
| 3. Complete the forms | COP1 (the application), COP1A (supporting information about their finances), COP3 (capacity) and COP4 (your declaration as proposed deputy). |
| 4. Pay the fee | £432 per application, or apply for help with fees if the person has little in savings or is on a low income. |
| 5. Notify the people involved | You must tell your relative and at least three other people close to them, then confirm to the court that you have done so. This is where family objections surface. |
| 6. The court decides | Most straightforward property and affairs applications are decided on the papers. A hearing is listed only where something is disputed or unclear. |
| 7. Set up the security bond | Property and affairs deputies must put a bond in place before the order takes effect. The premium depends on the value of the assets. |
| 8. Start acting - and reporting | Send the sealed order to banks and providers, keep the money separate from your own, and file an annual report with the Office of the Public Guardian. |
Forms and process per GOV.UK guidance on applying for a property and financial affairs deputyship order, checked July 2026. Exact form requirements differ slightly between online and postal applications, and between property and affairs and personal welfare applications.
The notification step catches people out emotionally more than procedurally. You are required to tell your relative and other people close to them that you are applying to control their finances, and they have the right to object. A sibling who first learns about it from a court form will react badly almost every time, and a contested application can add months.
Have the conversation first, even if it is awkward. Explain that someone has to be able to pay the bills, that you are willing to do it, and that you would rather apply jointly than alone if that helps. Joint deputyship is available and often defuses exactly this tension.
The capacity assessment (form COP3)
The court needs evidence that your relative genuinely lacks capacity to make the decisions in question. That evidence goes on form COP3, and it has to be completed by a suitable professional - commonly a GP, a psychiatrist, or a social worker who knows them, depending on the circumstances. The assessor has to set out their own qualifications and experience, and explain their conclusion by reference to the Mental Capacity Act rather than simply asserting it.
Two practical warnings. First, this often costs money. There is no automatic right to have a COP3 completed free of charge, and GP practices frequently charge for it because it falls outside NHS work. Ask about the fee before booking, and ask how long the practice takes - some are quick, others take weeks.
Second, choose your assessor with some care. Someone who knows your relative well, or who specialises in capacity, will produce a more useful report than a duty doctor meeting them for fifteen minutes. A thin COP3 is one of the most common reasons an application gets sent back for more information, and every round trip adds weeks.
Write your will or set up Power of Attorney
Without an LPA in place, your family cannot legally manage your money if you lose capacity — only the Court of Protection can.
What deputyship costs, up front and every year
Deputyship costs are best understood as two separate things: a one-off cost to get appointed, and a recurring cost for as long as you act. Most of it can be paid out of your relative's own money rather than yours, though you may need to fund the application first and reimburse yourself once the order is sealed.
| Cost | Amount | When it applies |
|---|---|---|
| Application fee | £432 | Per application - twice if you apply for both types |
| New deputy assessment fee | £100 | First-time deputies |
| Hearing fee | £266 | Only if the court decides a hearing is needed |
| Capacity assessment (COP3) | Varies | Set by the assessor - ask the fee before booking |
| Security bond premium | Varies with asset value | Property and affairs deputies, annually |
| Annual supervision fee | £35 or £320 | Minimal or general supervision, depending on the case |
| Appeal fee | £272 | Only if you appeal a decision |
Court fees verified 23 July 2026 against the Court of Protection fees leaflet (COP44) on GOV.UK, which was updated on 21 July 2026. Supervision and assessment fees from GOV.UK deputy fees guidance. Many third-party pages still quote an older, lower application fee - check the current figure before you send a cheque.
In round terms, a first-year property and affairs deputyship starts at roughly £567 to £852 in court and supervision fees alone, before the capacity assessment, the bond premium, and any hearing. After that you are looking at the supervision fee and bond premium every year for as long as you act. Compare that with £184 once, for both LPA types, with nothing afterwards.
If your relative has little in the way of savings and investments, or is on a low income or certain benefits, they may pay a reduced Court of Protection fee or none at all. The test looks at the finances of the person the application is about, not yours, so a parent with modest savings may well qualify even if you would not. The same principle applies to LPA registration, where remission and exemption are also available. It is a short extra form and it is worth the twenty minutes.
What a deputy can and cannot do
A deputy is not a substitute owner of someone's money. You are a fiduciary operating inside a court order, and the order is usually narrower than families expect. The Mental Capacity Act principles apply to everything you do: assume capacity unless it is shown to be absent, help the person take part in decisions as far as they can, and act in their best interests - not the family's, and not the future beneficiaries'.
- Paying bills, care fees, tax and everyday expenses
- Collecting pensions, benefits and other income
- Operating a bank account in the person's name
- Managing existing savings and arranging insurance
- Budgeting for their care and day-to-day needs
- Modest gifts on customary occasions, if affordable
- Selling or transferring their property
- Large gifts, or gifting for inheritance tax planning
- Making a statutory will on their behalf
- Anything the order does not expressly cover
- Medical treatment decisions, if you are a property and affairs deputy
- Holding their money mixed with your own - never do this
The annual report to the Office of the Public Guardian is the obligation that surprises people most. You account for what came in, what went out and what significant decisions you made. Deputies are supervised considerably more closely than attorneys under an LPA, which is the trade-off for authority granted after the fact rather than chosen in advance. Keep receipts and a simple running record from day one and the report takes an evening; leave it to memory and it is genuinely painful.
Families often assume that once they are deputy they can start moving money around - helping a grandchild with a deposit, making gifts to reduce a future inheritance tax bill, or transferring the house. A deputy's gifting powers are much tighter than an attorney's: broadly, modest gifts on customary occasions such as birthdays and weddings, to people the person would normally have given to, and only where it is affordable and in their best interests.
Anything beyond that - including deliberate inheritance tax planning - needs the court's approval in advance. Unauthorised gifts are one of the main triggers for an OPG investigation, and the usual outcome is that the money must be repaid. If you think gifting is genuinely right for your relative, apply for authority rather than acting and explaining afterwards.
Cheaper alternatives to a full deputyship
A lot of families apply for full deputyship when a narrower solution would have done. Both of these are worth ruling out before you commit to the application fee and four to six months.
DWP appointeeship - if benefits are the only issue
If the only money involved is state benefits - State Pension, Attendance Allowance, Pension Credit, Universal Credit - you can apply to the Department for Work and Pensions to become their appointee. An appointee receives and manages those benefits on the person's behalf. It is free, there is no court involved, and the process is typically a visit from a DWP officer rather than a bundle of forms. It usually takes weeks rather than months.
The limit is that it covers benefits and nothing else. An appointee has no authority over a house, savings, investments or a private pension. But for someone whose entire income is the State Pension and Attendance Allowance and who has little in the bank, appointeeship genuinely solves the problem - and a surprising number of families in that position spend £432 they never needed to spend. Our guide to helping elderly parents with money covers where this fits alongside other practical steps.
A one-off order - if you need one specific thing done
The Court of Protection can also make a single order authorising one particular decision, rather than appointing a deputy with continuing powers. If the whole problem is closing one account, dealing with one asset, or authorising one transaction, this is simpler than deputyship and avoids the ongoing supervision, annual reporting and security bond that come with being a deputy.
It is not the right answer where there will be an indefinite stream of decisions - paying care fees every month, managing a property, handling investments. But where the need is finite and identifiable, ask about a one-off order before defaulting to a full deputyship.
Professional deputies
Where no family member is suitable or willing, the court can appoint a professional deputy - usually a solicitor, sometimes the local authority. This happens when relatives cannot agree, when nobody wants the responsibility, when the finances are complex, or when appointing one sibling would cause lasting damage to the family.
Their fees come out of your relative's funds, either at fixed rates or through costs assessed by the court, and they are materially more expensive than a family member doing the work. That is the trade-off: professional handling and neutrality, paid for by the estate. For a family in genuine deadlock, or where the assets are complicated enough that mistakes would be costly, it can be the right call. For a straightforward situation with one willing relative, it rarely is.
Three real-world scenarios
Situation: Her father Ray, 84, had a stroke in March and cannot communicate his wishes reliably. He owns his bungalow outright, has around £40,000 in savings and a small private pension. His bank has restricted the account. Care home fees start next month.
Denise needs full property and financial affairs deputyship. There is a house, meaningful savings and a private pension, so neither appointeeship nor a one-off order will cover it. She applies herself rather than using a solicitor.
Her father's GP completes the COP3 for a fee, and Denise submits the COP1, COP1A and COP4 with the £432 fee plus the £100 new deputy assessment. She notifies her brother and two of her father's close friends. Nobody objects, so the court decides on the papers with no hearing fee.
What she does in the meantime: she writes to the care home and the bank explaining that an application is underway. The bank agrees to pay the care fees directly from her father's frozen account - a common concession that many families never think to ask for.
Outcome: the sealed order arrives about five months later. Denise sets up a security bond, opens a separate account for her father's money, and diarises the OPG annual report. First-year cost, excluding the bond and the GP's fee, is a little over £852. If Ray had made both LPAs, it would have been £184.
Situation: His mother Eileen, 79, was diagnosed with vascular dementia last year. After a bad week in hospital, the family assumed she could no longer make an LPA and started researching deputyship.
Marcus almost applied for deputyship. What changed his mind was reading that capacity is decision-specific, not a general status - and that his mother's worst days were not the right basis for the judgement.
It turned out Eileen's hospital confusion was substantially driven by a urinary tract infection. Once it was treated and she was home in familiar surroundings, she was far more herself, particularly in the mornings.
A solicitor experienced in capacity assessed her specifically on the question of whether she understood what an LPA is, who she would appoint and what they could do. She did. Eileen could not have managed her own investments or understood a mortgage - but that was not the decision being tested.
Outcome: Eileen made both LPAs, naming Marcus and his sister. Cost: £184 in registration fees plus the solicitor's charge, registered within weeks. No court application, no supervision fee, no annual report, no security bond - and, more importantly, his mother chose who would act for her while she still could. The lesson is not that this always works, but that it is worth properly checking before assuming the door has closed.
Situation: Her aunt Sushila, 81, has advanced dementia and lives in a residential home. Her entire income is the State Pension and Attendance Allowance. She has about £900 in a Post Office account, rents her flat, and owns no property or investments.
Priya started out assuming she needed deputyship, and was braced for the fee and the wait. She did not need either.
Because Sushila's income is entirely state benefits and she has almost no capital, DWP appointeeship covers the whole problem. Priya applied to the DWP, a visiting officer met her and assessed the situation, and she was appointed to receive and manage her aunt's benefits. It was free and took a few weeks.
As appointee, Priya receives the State Pension and Attendance Allowance, pays the care contribution and the flat's bills, and manages Sushila's day-to-day money. The small Post Office balance is dealt with by the provider under its own procedure for small sums.
Outcome: £432 saved, months saved, no annual OPG report, no security bond. If Sushila later inherited money or needed a property sold, appointeeship would no longer be enough and Priya would then need to apply for deputyship - but for now, the simplest tool that solves the problem is the right one.
Frequently asked questions
- Can I get power of attorney for someone who has already lost capacity?
- No. A lasting power of attorney is something a person makes for themselves, and they must have mental capacity at the moment they sign it. Once capacity for that decision has gone, the LPA route is closed - nobody else can make one on their behalf, and no solicitor can arrange it for you. The only way to get legal authority over their finances is to apply to the Court of Protection to be appointed as their deputy. That said, capacity is decision-specific and can fluctuate, so it is worth having a proper assessment before assuming the door is shut: some people who cannot manage a complex investment portfolio can still validly grant an LPA, because the test is whether they understand what an LPA is and what it does.
- How much does a deputyship cost in 2026?
- The application fee is £432 per application, confirmed against the Court of Protection COP44 fees leaflet in July 2026. First-time deputies also pay a £100 assessment fee. If the court decides your case needs a hearing there is a further £266 fee, though most straightforward property and affairs applications are decided on the papers without one. After appointment, property and affairs deputies pay an annual supervision fee to the Office of the Public Guardian - £320 for general supervision or £35 where minimal supervision applies - plus an annual security bond premium whose cost depends on the value of the assets being managed. Help with fees is available if the person has little in savings or is on a low income. Most of these costs can be paid from the person's own funds.
- How long does a deputyship application take?
- Plan for around four to six months from starting the paperwork to holding a sealed order, and longer if the application is contested, if the forms arrive incomplete, or if the court lists a hearing. That timescale is the single hardest thing about deputyship, because it runs while bills still need paying. If something genuinely cannot wait - a care home place at risk, a mortgage in arrears - you can ask the court for an interim or urgent order, which is decided much faster than the full application. It is worth telling creditors in writing that a deputyship application is underway; many will pause collection activity when they know.
- What is the difference between power of attorney and deputyship?
- Timing and control are the real differences. An LPA is made in advance by the person themselves, who chooses who acts for them, and costs £92 per type (£184 for both) with registration usually taking a couple of months. A deputyship is imposed afterwards by a court, which chooses who is appointed and what powers they get, costs several hundred pounds up front plus ongoing annual fees, and takes months. Attorneys are lightly supervised; deputies file an annual report with the Office of the Public Guardian, usually hold a security bond, and must go back to court for anything outside their order. If you still have capacity, making an LPA is the cheaper, faster and far less restrictive option by a wide margin.
- Can I be a deputy for my mum or dad?
- Usually yes. You must be over 18 and the court must be satisfied you are suitable, which mainly means you can manage money reliably and will act in your parent's best interests. You do not need legal training or a particular job. The court will consider your own circumstances - serious debt problems, bankruptcy or a relevant criminal record can count against you - and it looks at whether other family members object. Anyone who might be affected has to be told about the application, so it helps enormously to talk to siblings first. Two people can be appointed jointly, which some families prefer because it shares the workload and the scrutiny.
- What can a deputy not do?
- A deputy's authority stops at the edge of the court order, and the order is usually narrower than people expect. You generally cannot sell the person's home, make large or unusual gifts, do inheritance tax planning, make a will for them (a statutory will), or hold their money in your own account without specific authority. Property and affairs deputies also cannot make decisions about medical treatment. Anything outside the order needs a further application to the court. A deputy must also follow the Mental Capacity Act 2005: assume capacity unless it is shown otherwise, help the person take part in decisions wherever they can, and act in their best interests rather than the family's.
- Can a deputy give gifts or do inheritance tax planning?
- Only within tight limits. Deputies can normally make modest gifts on customary occasions - a birthday or Christmas present, a wedding gift - to people the person would ordinarily have given to, and only where it is affordable and in their best interests. That is much tighter than most families assume. Larger gifts, gifts intended to reduce inheritance tax, or transfers of property need the Court of Protection's approval in advance. Making unauthorised gifts is one of the most common reasons deputies get investigated by the Office of the Public Guardian, and the money usually has to be paid back. If you think gifting is appropriate, apply for authority rather than acting first and explaining later.
- Is there a cheaper alternative to deputyship?
- Sometimes, and it is worth checking before you spend the application fee. If the only money involved is state benefits, DWP appointeeship lets you receive and manage those benefits on the person's behalf. It is free, involves a visit rather than a court process, and takes weeks rather than months - but it covers benefits only, so it is no help with a house, savings or investments. If you need one specific thing done - closing a single account, or authorising one transaction - you can ask the Court of Protection for a one-off order instead of a full deputyship, which is simpler and avoids ongoing supervision. Some jointly held accounts also continue to work normally, so ask each bank what it will accept.
- What is a personal welfare deputyship, and will I get one?
- A personal welfare deputyship covers decisions about care and medical treatment rather than money. The court grants these far more rarely than property and financial affairs deputyships, because it generally prefers to decide significant welfare questions itself, case by case, at the time they arise. In everyday practice, families are usually able to be involved in care decisions through the Mental Capacity Act's best interests process without holding a formal welfare deputyship at all - care homes and NHS teams are required to consult those close to the person. Welfare deputyships tend to be granted where there is a pattern of difficult, recurring decisions that keep needing resolution.
- What happens if no family member wants to be deputy?
- The court can appoint a professional deputy, usually a solicitor, or in some cases the local authority. This happens where there is no suitable family member, where relatives cannot agree, or where the finances are complex enough to need professional handling. The professional's fees come out of the person's own funds, either at fixed rates or through assessed costs, and they are typically a good deal more expensive than a family deputy doing the work themselves. It is a legitimate and sometimes sensible choice, particularly where appointing one relative would cause a lasting family rift, but it is worth understanding that the cost falls on the person's estate.
- Does deputyship apply in Scotland and Northern Ireland?
- No. Everything on this page is the law of England and Wales. Scotland has its own system of guardianship, granted by the sheriff court under the Adults with Incapacity (Scotland) Act 2000, with different forms, fees and terminology. Northern Ireland operates its own arrangements through its Office of Care and Protection. The underlying problem is the same everywhere in the UK - no advance authority means a court process - but the procedure, costs and timescales differ, so use guidance written for the right jurisdiction.
Court of Protection fees on this page were verified on 23 July 2026 against the COP44 fees leaflet on GOV.UK, which was itself updated on 21 July 2026: application £432, hearing £266, appeal £272. Supervision fees (£320 general, £35 minimal) and the £100 new deputy assessment fee come from GOV.UK deputy fees guidance. LPA registration is £92 per type (£184 for both).
Security bond premiums and COP3 capacity assessment fees are shown qualitatively because neither has a single published figure - the bond depends on the value of the assets, and assessment fees are set by the assessor. Court fees changed recently and many competing pages still quote the older application fee, so check GOV.UK before sending payment. Timescales are typical rather than guaranteed.
This page explains the deputyship process in England and Wales in general terms. It is not legal advice about your relative's situation, and deputyship applications turn heavily on individual facts - particularly where family members disagree, where property must be sold, or where a personal welfare order is being sought. Scotland uses guardianship through the sheriff court, and Northern Ireland has its own system; neither is covered here. Consider taking advice from a solicitor experienced in Court of Protection work if anything about your situation is contested or complex. See our disclaimer.
And the point worth repeating: if you still have capacity, make an LPA now. Everything on this page exists because someone did not get the chance. It is £184 for both types and a few weeks of administration, and it means the person who acts for you is the person you chose. Start with our lasting power of attorney guide, or the probate and estate hub for what happens afterwards.
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