8
Court of Protection
COP1 Notes
Guidance notes on completing form COP1 Application Form
Please read the following notes before
completing form COP1
If you wish to start proceedings in the Court of
Protection, you must complete form COP1 and the
relevant annex and file it with the court. Refer to
Section 1 of the form and the table at the end of these
notes to decide what forms you need to complete.
If your application relates to: deprivation of liberty
under sections 4A(3) or 21A of the Mental Capacity
Act 2005; an objection to the registration of a lasting
power of attorney; or the registration of an enduring
power of attorney, you need to complete a different
application form. Refer to the website www.gov.uk/
court-of-protection for more information.
If your application is made in the course of existing
proceedings, i.e. you have already made an
application; you need to complete a different form:
COP9 Application notice for applications within
proceedings.
If you are appealing a Court of Protection decision,
you need to complete form COP35 Appellant’s notice.
You must pay a fee when you make an application.
Refer to the leaflet COP44 Court of Protection – Fees
for details.
You may need to pay for any legal costs or expenses
you incur in connection with your application.
In some situations you may be allowed to be
reimbursed from the funds of the person to whom
the application relates. If the court considers that you
have acted unreasonably, it can order you to pay the
costs of other parties.
Completing form COP1
Type of application (Section 1)
Please indicate what type of application you intend to
make by ticking the relevant box. If you need to make
more than one application, for example to appoint a
deputy, and appoint or discharge a trustee; you must
submit separate applications.
The court cannot accept your application unless
you send all the relevant forms with your application.
Refer to the table at the end of these notes to decide
what other forms you need to complete.
Your application (Section 4)
You need to state what order or declaration you are
asking the court to make. In each case the court
needs to decide whether the person to whom the
application relates is capable of making a decision in
relation to the matter to which your application relates.
Please provide specific details about what you want
the court to do. For example, you may be asking
the court to appoint a deputy, or you may want
the court to order that the person to whom the
application relates moves to a particular residence,
or that a particular investment is made. In each of
the examples you would need to explain why the
appointment of a deputy is required, or provide the
particular details of the residence or investment.
You should also explain to the court why the order
or declaration you are seeking will benefit the person
to whom the application relates. If you are asking the
court to appoint a deputy, please explain why you
think this is necessary and why the court should not
make the decision on behalf of the person to whom
the application relates.
Respondents (Section 5.1)
You must provide the details of any person who you
reasonably believe has an interest which means
they ought to be heard by the court in relation to the
application. Respondents have the opportunity to be
joined as parties to the proceedings if they wish to
participate in the hearing.
Once the court has issued your application form, you
must serve respondents with copies of all documents
relating to your application, in order to allow them the
opportunity to support or oppose your application.
Other people to be notified (section 5.2)
You must provide the details of other people who
are likely to have an interest in being notified of your
application. You must notify these people when the
court has issued your application form. They have
the opportunity to apply to the court to be joined as
parties to the proceedings if they wish to participate.
You should seek to identify at least three people
to be notified of your application. If you have not