Deputies: make decisions for someone who lacks capacity

Overview

You can apply to become someone’s deputy if they ‘lack mental capacity’. This means they cannot make a decision for themselves at the time it needs to be made. They may still be able to make decisions for themselves at certain times.

People may lack mental capacity because, for example:

they’ve had a serious brain injury or illness

they have dementia

they have severe learning disabilities

As a deputy, you’ll be authorised by the Court of Protection to make decisions on their behalf.

Types of deputy

There are 2 types of deputy.

Property and financial affairs deputy

You’ll do things like pay the person’s bills or organise their pension.

Personal welfare deputy

You’ll make decisions about medical treatment and how someone is looked after.

You cannot become someone’s personal welfare deputy if they’re under 16. Get legal advice if you think the court needs to make a decision about their care.

The court will usually only appoint a personal welfare deputy if:

there’s doubt whether decisions will be made in someone’s best interests, for example because the family disagree about care

someone needs to be appointed to make decisions about a specific issue over time, for example where someone will live

Read the full guidance about when you need to make a personal welfare application.

Becoming a deputy

You can apply to be just one type of deputy or both. If you’re appointed, you’ll get a court order saying what you can and cannot do.

When you become a deputy, you must send an annual report to the Office of the Public Guardian (OPG) each year explaining the decisions you’ve made.

How to apply

Check you meet the requirements to be a deputy.

Send the application forms to the Court of Protection and pay the application fee.

You do not need to be a deputy if you’re just looking after someone’s benefits. Apply to become an appointee instead.

Checks on your application

The Court of Protection will check:

whether the person needs a deputy or some other kind of help

there are no objections to your appointment

If you’re appointed, the Office of the Public Guardian will help you carry out your responsibilities.

You’ll continue to be a deputy until your court order is changed, cancelled or expires.

Other ways to make decisions for someone

If you want to make a single important decision, you can apply to the Court of Protection for a one-off order.

If the person already has a lasting power of attorney (LPA) or enduring power of attorney (EPA), they do not usually need a deputy. Check if they have an LPA or EPA before you apply.

Who can apply to be a deputy

You can apply to be a deputy if you’re 18 or over. Deputies are usually close relatives or friends of the person who needs help making decisions.

If you want to become a property and affairs deputy, you need to have the skills to make financial decisions for someone else.

The court can appoint 2 or more deputies for the same person.

When there’s more than one deputy

When you apply, tell the court how you’ll make decisions if you’re not the only deputy. It will be either:

together (‘joint deputyship’), which means all the deputies have to agree on the decision

separately or together (‘jointly and severally’), which means deputies can make decisions on their own or with other deputies

Other types of deputy

Some people are paid to act as deputies, for example accountants, solicitors or representatives of the local authority.

The Court of Protection can appoint a specialist deputy (called a ‘panel deputy’) from a list of approved law firms and charities if no one else is available.

Responsibilities

As a deputy, you’re responsible for helping someone make decisions or making decisions on their behalf.

You must consider someone’s level of mental capacity every time you make a decision for them - you cannot assume it’s the same at all times and for all kinds of things.

You’ll get a court order from the Court of Protection which says what you can and cannot do. There are also general rules and examples in the Mental Capacity Act 2005 Code of Practice.

Guidance for all deputies

When you’re making a decision, you must:

make sure it’s in the other person’s best interests

consider what they’ve done in the past

apply a high standard of care - this might mean involving other people, for example getting advice from relatives and professionals like doctors

do everything you can to help the other person understand the decision, for example explain what’s going to happen with the help of pictures or sign language

add the decisions to your annual report

You must not:

restrain the person, unless it’s to stop them coming to harm

stop life-sustaining medical treatment

take advantage of the person’s situation, for example abuse them or profit from a decision you’ve taken on their behalf

make a will for the person, or change their existing will

make gifts unless the court order says you can

hold any money or property in your own name on the person’s behalf

Property and affairs deputies

You must make sure:

your own property and money is separate from the other person’s

you keep records of the finances you manage on their behalf in your annual report

You may need to manage a Court Funds Office account on the other person’s behalf.

You could be fined or sent to prison for up to 5 years (or both) if you mistreat or neglect the person on purpose.

Apply to be a deputy

You need to download and fill in all of the following:

an application form (COP1) - you’ll need to send the original form plus a copy when you apply

an assessment of capacity form (COP3)

a deputy’s declaration (COP4)

You also need to download and fill in:

a supporting information form (COP1A) if you’re applying to be a property and affairs deputy

a supporting information form (COP1B) if you’re applying to be a personal welfare deputy

You must name at least 3 people in your application who know the person you’re applying to be deputy for. For example, their relatives, a social worker or doctor.

The court may not accept your application if you do not send the ‘assessment of capacity’ (COP3) form.

If you cannot get an assessment, you must download and fill in a witness statement (COP24) to explain why you think the person you’re applying about lacks capacity.

You should keep a copy of every form you fill in.

Where to send your forms

Send the forms, including 2 copies of the application form (COP1), to the Court of Protection with a cheque for the application fee.

Tell people named in your application

The court will aim to send you a stamped copy of your application within a week of receiving it. This means your application is being considered (it has been ‘issued’). You’ll be sent a letter explaining what to do next.

Within 14 days of the application being issued, you must tell (sometimes called ‘serving’) the following people:

the person you’re applying to be a deputy for

at least 3 people named in your application as having an interest, for example the person’s relatives, social worker or doctor

If you cannot tell 3 people you should send in a witness statement (COP24).

Tell the person you’re applying to be a deputy for

You or your representative must visit the person and tell them:

who’s applying to be their deputy

that their ability to make decisions is being questioned

what having a deputy would mean for them

where to get advice if they want to discuss the application

During the visit give them:

a completed proceedings notification form (COP14) - use the guidance notes to fill this in yourself

an acknowledgment form (COP5) - they’ll need to complete this if they want to give their opinion on the application or provide evidence for or against it

any other documents related to your application

Tell people connected to your application

You must tell 3 people named on your application that it has been issued.

Send them:

a notice that an application form has been issued (COP15)

You can tell them:

by post to their home address

by fax or email

in person

Confirming that you’ve told people (‘served notice’)

Within 7 days of serving the documents, you must download and fill in the relevant forms (sometimes called ‘certificates of service’) confirming you’ve told:

the person you’re applying to be deputy for (COP20A)

other people named in the application (COP20B)

Send them all together to the Court of Protection.

Fees

You must pay:

a fee to apply to be a deputy

a supervision fee every year after you’ve been appointed

You may also have to pay to set up a ‘security bond’ before you can be appointed as a property and affairs deputy.

When you apply

You must pay a £365 application fee. Send this with your application form.

You need to pay the application fee twice if you’re applying to become both types of deputy.

You’ll also need to pay £485 if the court decides your case needs a hearing. The court will tell you when you need to pay this.

Make all cheques payable to ‘HM Courts and Tribunals Service’.

Security bonds for property and affairs deputies

You may have to pay to set up a ‘security bond’ before you can be appointed as a property and affairs deputy. This is a type of insurance that protects the finances of the person you’re a deputy for.

You do not have to set up a bond if either:

you’re representing a local authority

the court decides it’s not necessary, for example if the person’s estate has a low value

If you need to set one up, you’ll get a letter from the court telling you this. The letter will explain what to do next.

You set up the bond with a security bond provider. The amount you pay depends on:

the value of the estate of the person you’re a deputy for

how much of their estate you control

You can pay it either:

using the person’s money

yourself - you can get the money back from the person’s estate once you have access to it

You may be prosecuted if you misuse the person’s money.

After you’ve been appointed

You must pay an annual supervision fee depending on what level of supervision your deputyship needs. You’ll pay:

£320 for general supervision

£35 for minimal supervision - this applies to some property and affairs deputies managing less than £21,000

Your annual supervision fee is due on 31 March for the previous year.

You’ll also need to pay a £100 assessment fee if you’re a new deputy.

The Office of the Public Guardian will tell you how and when to pay your assessment and supervision fees.

You may be able to claim a refund of your fees in certain situations.

Getting help with your application fee

You may not have to pay an application fee depending on:

what type of deputy you’re applying to be

how much money you or the person you’re applying to be deputy for has

Type of deputy | Whose finances will be assessed

Property and financial affairs | Theirs

Personal welfare | Yours

The guidance has information about getting help with your fees.

You can claim back the fee from the funds of the person you want to be a deputy for if you’re applying to be a property and affairs deputy.

The fee will be refunded if the person dies within 5 days of the Court of Protection receiving the application.

Getting help with your supervision fees

You can apply for an exemption or reduction of the fee if the person you’re a deputy for gets certain benefits or has an income below £12,000. Read the guidance that comes with the form and apply if the person meets the requirements. The address is on the form.

If the person you’re deputy for dies, you pay the supervision fee for the part of the year when you acted as deputy. For example, you’ll have to pay £17.50 if your minimal supervision deputyship comes to an end after 6 months.

After you've applied

There’s a 14-day wait after you tell the other people involved that you applied, in case they object.

The Court of Protection will then review your application and tell you if:

your application’s been approved or rejected

you need to set up a security bond before you can be appointed

you have to provide more information to support your application, for example a report from social services

it’s going to hold a hearing to get more information, for example if someone objected

There’s usually no hearing if you applied to be a property and financial affairs deputy.

Read guidance on how coronavirus (COVID-19) might affect your hearing and what you should bring.

Tell the person you want to be a deputy for about the hearing

You’ll get a notice with the date of the hearing if the court decides to hold one. You must visit the person you want to be deputy for and tell them about it:

within 14 days of getting the notice

at least 14 days before the date of the hearing

Give them a completed notice about proceedings (COP14). Use the guidance notes to fill it in.

You must explain that they can contact Court of Protection staff for advice and assistance.

When you’ve told them, send a certificate of service (COP20A) to the Court of Protection within 7 days.

You’ll have to pay a fee if the court makes a final decision at the hearing.

The guidance explains what to expect from a Court of Protection hearing.

When you're appointed

You’ll be sent a ‘court order’ telling you what you can and cannot do as a deputy. When you have this, you can start acting on the person’s behalf.

You’ll be sent the court order:

as soon as you’re appointed - if you’re a personal welfare deputy

after you set up a security bond - if you’re a property and affairs deputy and have been asked to do this by the court

You’ll need a separate court order before you can:

sell a property that’s jointly owned if you’re a property and affairs deputy

make a one-off decision on anything else that’s not covered by the court order

Check the court order. If there are any mistakes, download and fill in form COP9 with the details and send it to the court within 21 days of receiving the court order. There is no fee.

Tell people and organisations you’re a deputy

You’ll get official copies of the court order to send to banks and building societies, for example. These prove you’re acting on behalf of the other person. When you send out an official copy, ask for it to be returned.

Order extra copies of the court order by writing to the Court of Protection. They cost £5 each.

Start managing a bank account

Before you can manage an account, you must show the bank:

the original court order, or an official copy of it

proof of your name, for example your passport or driving licence

proof of your address, for example a gas, electricity or council tax bill, or letter from a government department

proof of the name or address of the person you’re applying to be deputy for - if they’re not the same as on the bank account

Court Funds Office accounts

If the person you’re deputy for has money in a Court Funds Office account, you’ll be sent information about how to access it.

You can also apply to open an account with the Court Funds Office if you’re a property and affairs deputy and it’s in the person’s best interests.

Record your decisions and transactions

You can start your annual report to record your decisions and transactions, such as paying bills.

Supervision, support and visits

As a deputy, you’ll be supervised by the Office of the Public Guardian (OPG). They’re authorised to contact you or visit you to check you’re being an effective deputy. They can also give you advice and support.

How you’ll be supervised

New deputies get a ‘general’ level of supervision for their first year.

After that, if you’re a property and affairs deputy you’ll move to ‘minimal’ supervision if both:

you’re managing less than £21,000

you no longer need a general level of supervision

You’ll pay a lower fee and have to write a shorter annual report than deputies with general supervision.

Supervision visits

You may be visited by a Court of Protection visitor to check if you:

understand your duties

have the right level of support from OPG

are carrying out your duties properly

are being investigated because of a complaint

The visitor will call you to arrange the visit and explain why they’re visiting.

Contact OPG

Tell OPG if you’re planning to make an important decision, for example you want to sell the property of the person you’re deputy for so they can move into a care home.

Accounts, gifts and expenses

You must keep accounts and follow the rules for gifts and expenses if you’re acting as deputy for someone else. You must also record the transactions in your annual report.

Accounts

As a property and affairs deputy, you must keep copies of:

bank statements

contracts for services or tradespeople

receipts

letters and emails about your activities as a deputy

Gifts

Your court order will say if you can buy gifts or give gifts of money on behalf of the other person, including donations to charities. It will also say if there’s an annual limit on how much money you can use for gifts.

Gifts must be reasonable. You need to make sure any gifts do not reduce the level of care the person you’re deputy for can afford.

You must apply to the Court of Protection if you want to make a one-off large gift for Inheritance Tax purposes, for example.

Expenses

You can claim expenses for things you must do to carry out your role as deputy, for example phone calls, postage and travel costs. You cannot claim:

travel costs for social visits

for the time spent carrying out your duties (unless you’re a professional deputy, for example a solicitor)

You may be asked to give a detailed report of what you spent. You’ll have to pay the money back if the Office of the Public Guardian finds your expenses are unreasonable. They may ask the court to stop you being a deputy if they think you’ve been dishonest.

Complete your deputy report

You must write a report each year explaining the decisions you’ve made as a deputy. You might be asked to do this more often if the Office of the Public Guardian (OPG) needs additional information.

You may also need to write a final report if you stop being a deputy.

If you’re a public authority or professional deputy using the service for the first time, you need to contact your case manager to register first. If you’re a deputy for a friend or family member, you can create an account online.

Start now

Or you can download and fill in a paper annual report form. The address you need to send it to is on the form.

What to include

Your report must include:

the reasons for your decisions and why they were in the best interests of the person you’re deputy for

who you spoke to and why what they said was in the person’s best interests

the finances of the person if you’re their property and financial deputy

The OPG will tell you when it’s time to send it.

If you do not send the report the OPG might:

increase your level of supervision

ask the court to replace you with a different deputy

Change your deputyship or make a one-off decision

You must apply to the Court of Protection if you have to:

renew your deputyship

change your deputyship, for example make decisions that are not in the original order

make a one-off decision on something not covered by your court order

How to apply

Download and fill in both:

an application form (COP 1)

a witness statement form (COP24) with a copy of the current order appointing you as a deputy attached

Your witness statement should include:

the total annual income of the person you’re a deputy for including pensions

a summary of their assets, for example bank balances, savings, investments

details of property they own

the annual cost of their care and other regular items of major expenditure

the value of the security bond set by the court

a description of the circumstances that have led to the application being made

Send the Court of Protection:

the completed forms

a cheque for the application fee - £365 - payable to ‘HM Courts and Tribunals Service’

You can apply for help paying the fee if you’re getting certain benefits or on a low income.

If you need help with changing your deputyship, call the Court of Protection.

What happens next

You may have to notify other people about the change to the court order if the court tells you to.

They can object or ask the court to reconsider any proposed changes they do not agree with. They can do this:

before the court order is issued

up to 21 days after the court order is issued

End your deputyship

If you no longer want or need to be a deputy, download and fill in the application notice (COP1) and send it to the Court of Protection.

If the person has recovered mental capacity, download and fill in form COP 9. Send it to the Court of Protection with any supporting evidence, for example a doctor’s letter.

You cannot stop being a deputy until you’ve got the relevant court order.

If the person you’re deputy for dies

Contact the Office of the Public Guardian (OPG) and the Court of Protection to tell them that the person has died.

You’ll also have to send evidence to OPG that the person has died, for example a death certificate. Check the full list of evidence that OPG accepts.

Your security bond will remain in force for 2 years after the death of the person you’re a deputy for unless there’s a court order cancelling it.

Contact the Court Funds Office if the person you were deputy for had an account with them.

Read more about how to be a deputy.


Deputies: manage a Court Funds Office account

Overview

You may need to manage a Court Funds Office account for someone if you’re their property and affairs deputy and you’re authorised by the Court of Protection to look after money on their behalf.

Check the court order that appointed you as deputy - it tells you what you’re authorised to do.

You’ll need to apply on behalf of the person you’re deputy for to:

manage an account that was opened for them by court order, for example for money they received from a court case

open an account for them

They’ll get a special account with the Court Funds Office.

Your responsibilities

The account belongs to the person you’re deputy for. You’re the only person who can manage it on their behalf.

You must keep to your responsibilities as a deputy when you’re managing the account.

Check the court order that appointed you as deputy - it tells you the limits on what you can and cannot do with the account.

Apply

You need to apply to:

open an account for someone

manage an account for someone

You must be appointed by the Court of Protection as the person’s property and affairs deputy.

If your application is successful, you’ll be able to make withdrawals from the bank account that you run on behalf of the person whose affairs you manage.

Check the details on the court order that appointed you as deputy - you’ll need the date of the order and the case number.

Fill in form CFO A to apply for authority to make withdrawals - give your bank account details and tick the ‘New details’ box.

Attach a copy of your bank statement (less than 3 months old) or a letter from your bank to confirm your bank account details.

Fill in form CFO L to pay money in to the account at the same time as applying - attach a cheque made payable to the ‘Accountant General of the Senior Courts’.

Send forms and attachments together with a copy of the original court order that appointed you as deputy - it must have a seal.  The address is on the forms.

You’ll get a letter from the Court Funds Office within 5 working days to confirm that you’re set up to manage the account.

Your form will be returned if your application cannot be processed - you’ll be told what you can do to fix this.

Manage an account

A Court Funds Office account is called a ‘special account’ if the account holder has a deputy.

Statements

As the deputy, you’ll get statements in April or May and in October or November each year.

You can also ask for a statement at any time by contacting the Court Funds Office.

Interest and tax

Special accounts currently pay 0.1% interest. The rate is not fixed - it is set by the Lord Chancellor.

Tax is not deducted from special accounts. The person you’re deputy for must pay income tax if the interest is more than their tax allowance.

You’ll also get tax vouchers (for tax returns) with your April statement.

Change of address

Write a letter to the Court Funds Office to tell them if your address changes so you can keep getting statements and tax vouchers.

Investments

You can invest in the stock market using money from the Court Funds Office account you manage if it:

holds £10,000 or more for the person you’re deputy for

is likely to hold the money for 5 or more years

The Court Funds Office makes stock market investments in companies using the Equity Tracker Index Fund (ETIF).

Write to the Court Funds Office asking them to invest the sum you require in the ETIF.

Check the value of the ETIF on the Financial Times website.

Tax

Tax is deducted from dividends on investments. However, if the person you’re deputy for has a high income, they may need to pay more income tax on interest or dividends from the investments.

They must also pay Capital Gains Tax if their investments are sold for a difference in value that’s more than their allowance.

Deposits

You can pay money in to an account after you apply to manage the account.

Fill in form CFO L. You must physically sign the form - this is also known as a ‘wet signature’. Electronic signatures will not be accepted.

Write a cheque for the amount you’re paying in, payable to the ‘Accountant General of the Senior Courts’.

Attach a copy of the original court order that appointed you as deputy (it must have a seal) and send it with the form and cheque to the address on the form.

You’ll get a letter from the Court Funds Office within 5 working days to confirm that it’s processed your deposit.

Your form will be returned if your deposit cannot be processed - you’ll be told what you can do to fix this.

Withdrawals

You can set up one-off withdrawals or regular withdrawals into the bank account that you run on behalf of the person whose affairs you manage after you apply to manage the account.

You can only make a payment to another bank account (for example to a solicitor’s account to pay fees) if you have a court order from the Court of Protection saying you can do this.

You can only make withdrawals within limits set by the Court of Protection - check the court order that appointed you as deputy.

Set up payments

Check the court order that appointed you as deputy - you’ll need the date of the order and the case number to fill in payment forms.

Fill in:

form CFO P to make a one-off payment to your bank account

form CFO R to set up or change a regular payment to your bank account

form CFO 205 to make a one-off payment to another bank account

You must also fill in form CFO A if your bank account details have changed – tick the ‘amending details’ box and attach either:

a copy of a bank statement (less than 3 months old)

letter from your bank confirming your new bank account details

Send forms by post. The address is on the forms. You’ll get a confirmation letter from the Court Funds Office within 5 working days.

One-off payment to your bank account

A cheque will be paid into your bank account within 5 days. The money will take 3 working days to clear.

If you’re withdrawing money for a gift or charitable donation, fill in form CFO PG and send it with form CFO P.

Regular payment to your bank account

Use form CFO R to set up, amend, renew or stop a regular payment - tick the box on the form that applies.

Specify the number of months you want a regular payment to continue (up to 23 months).

The Court Funds Office automatically renews regular payments that are set up to continue for 23 months - you’ll get a letter to remind you 1 month before renewal.

Payment to another bank account

Ask the person or company the payment is for to sign form CFO 205. You must get a copy of a a bank statement (less than 3 months old) if you’re paying a person rather than a company.

Send it with an original copy of the court order authorising the payment – it must have a seal.

Stop managing or close an account

A new deputy can take over management of the account if you stop being a deputy or die.

You cannot hand over management of the account - only the Court of Protection can appoint a new deputy. The new deputy will then need to apply to manage the account.

You stop being a deputy

Tell the Court Funds Office in writing if you stop being a deputy - send a copy of the letter to the Office of the Public Guardian and Court of Protection.

Close an account

You cannot close a Court Funds Office yourself (for example by moving all the money into another account) unless you have a court order that authorises you to do this.

If the person you’re deputy for dies the person dealing with the estate can apply for the money in the account to be paid out. The account will be closed.

The person you're deputy for dies

Write to the Court Funds Office to tell them if the person you’re deputy for has died. Send a certified copy of the death certificate if you can get one.

You’ll need to include certain information depending on

who’s dealing with the estate

whether there’s a will

If you’re dealing with the estate

Ask for a Certificate of Funds when you write to the Court Funds Office about the death. This shows how much money is in the account and investments.

You’ll need this information to deal with the person’s tax and estate (their money, property and possessions)

If you’re not dealing with the estate

Tell the Court Funds Office who is dealing with the estate (the personal representative) and provide their contact details.

The Court Funds Office will provide the personal representative with information and the forms required to close the account.

If the person did not leave a will

If the person died without making a will and has no living relatives, the Court Funds Office will contact the Treasury Solicitor or Solicitor for the Duchy of Cornwall or Lancaster. They will deal with the person’s money, property and possessions as an unclaimed estate.

Payments for funeral expenses

The personal representative or the person who arranged the funeral can apply for funeral expenses to be paid to the funeral provider out of the account.

Fill in form CFO FE1.

Send it to the address on the form with the funeral provider’s invoice and a certified copy of the death certificate.

Funeral expenses must be in keeping with the value of the person’s estate - they cannot include payments for:

headstones

refreshments at the funeral service

Payments for inheritance tax

The personal representative can apply for inheritance tax to be paid to HM Revenue & Customs (HMRC) out of the account.

Fill in form CFO IHT1.

Send it to the address on the form with the completed form IHT423 and certified copies of the death certificate and any will.


Enduring power of attorney: acting as an attorney

Overview

You can help make or make decisions about someone’s property and money if they appointed you using an enduring power of attorney (EPA).

The person who appointed you is called the ‘donor’ - you are their ‘attorney’.

Any decision you make on the donor’s behalf must be in their best interests.

You’ll need to check if the donor’s given you specific instructions or guidance in the EPA document that will affect your responsibilities.

Only EPAs made and signed before October 1, 2007 can still be used. After that date donors had to make a lasting power of attorney (LPA) instead.

This guide is also available in Welsh.

Using the enduring power of attorney

You can start using an EPA at any time if the EPA is legal and the donor gives you permission.

You’ll be responsible for helping the donor make decisions about their finances. Depending on their instructions you’ll help manage things like their:

money and bills

bank and building society accounts

property and investments

pensions and benefits

There may be other attorneys - if there are, check how the donor wants you to make decisions.

You must register the EPA when the donor starts to lose or has lost their mental capacity. This means they cannot make a decision at the time it needs to be made because of a mental impairment.

You must still involve the person in making decisions whenever possible and only make decisions on their behalf which are in their best interests.

Stop being an attorney

The EPA will end if the donor cancels it or they die.

You can stop being an attorney by choice.

You may be investigated if there’s a complaint against you. The Office of the Public Guardian can apply to the Court of Protection to have you removed.

Register an enduring power of attorney

You must register the enduring power of attorney (EPA) as soon as the donor starts to lose mental capacity.

Tell the donor, their family members and other attorneys you intend to register the EPA.

Apply to register the EPA.

Pay the fee.

Telling people you intend to register

Download and fill in form EP1PG. Send it to:

the donor

at least 3 of the donor’s family members who are eligible - they must be 18 or over and have mental capacity

any attorneys who were appointed ‘jointly and severally’ but are not applying to register the EPA

You must tell the first 3 eligible family members from the following list. If there’s no family member in a particular category, move on to the next one. You must try to tell the family members in this order:

donor’s husband, wife or civil partner

donor’s children (including adopted children but not including stepchildren)

donor’s parents

donor’s brothers and sisters (including half-brothers and half-sisters)

widow or widower or surviving civil partner of the donor’s child

donor’s grandchildren

donor’s nephews and nieces (children of the donor’s full brothers and sisters)

donor’s nephews and nieces (children of the donor’s half-brothers and half-sisters)

donor’s aunts and uncles (full brothers or sisters of a parent of the donor)

donor’s first cousins (children of the donor’s aunts and uncles who are full brothers and sisters of a parent of the donor)

You must tell all the people in a category if you tell one of them, eg if 1 of the 3 relatives you’re telling is a grandchild and the donor has 15 other grandchildren, you must tell all 16 of them.

If you’re a family member as well as an attorney, you count as one of the people to be told. You’ll still have to tell other people in your category.

You must do all you can to find the people you’re telling. If you cannot find their address, or if there are not 3 relatives alive, tell the Office of the Public Guardian when you apply to register.

People who you tell can object to the registration. They have 35 days to object from when they get the form.

Apply to register

Download and fill in the application form EP2PG.

As soon as you’ve officially told people you intend to register, send the form to the Office of the Public Guardian.

Use a different address if you’re a member of the DX Exchange courier service.

Include the original EPA form or a certified copy if the original has been lost.

You’ll also need to pay the fee.

Fees

It costs £82 to register an EPA, unless you’re applying for help with fees (LPA120).

Send a cheque for the fee payable to ‘Office of the Public Guardian’. Write the donor’s name on the back of the cheque.

How long registration takes

The EPA will usually be registered between 8 and 10 weeks after you sent the application form and told the family members. It will take longer if one or more of the family members object.

Check an enduring power is legal

You can only use an enduring power of attorney (EPA) if it was made correctly.

Check that the EPA form was:

made when the donor was at least 18 and had the ability to make their own decisions (they had not lost ‘mental capacity’)

signed by the donor and a witness who was not one of the attorneys for the EPA

signed by all the attorneys

When the EPA was made you and any other attorneys had to be:

18 or over

not bankrupt - and have not been bankrupt since

When there's more than one attorney

Check the enduring power of attorney (EPA) form to find out how many attorneys have been appointed.

If there’s more than one attorney, check whether you must make decisions:

separately or together (sometimes called ‘jointly and severally’), which means you can make decisions on your own or with other attorneys

together (sometimes called ‘jointly’), which means you and all the other attorneys have to agree on a decision

The donor may give instructions for you to make some decisions ‘jointly’ and others ‘jointly and severally’.

Attorneys who are appointed jointly must all agree or they cannot make the decision.

Joint attorneys

If you’re appointed jointly with another attorney or attorneys and one of you stops being an attorney, the enduring power of attorney ends automatically.

Your duties

You’re responsible for helping the donor to make decisions for things like their:

money and bills

bank and building society accounts

property and investments

pensions and benefits

Check the enduring power of attorney (EPA) form to see if the donor has listed:

restrictions on what you can do

guidance on how they want decisions to be made

How to manage the donor’s finances

You must manage the donor’s finances in their best interests.

Keep the donor’s finances separate from your own, unless you’ve got a joint bank account or own a home together. If you do, tell the bank or mortgage company you’re acting as the other person’s attorney.

You must keep accounts of the donor’s assets, income, spending and outgoings. The Office of the Public Guardian (OPG) and the Court of Protection can ask to check these.

You may be prosecuted if you misuse the donor’s money.

Gifts

You can buy gifts or give gifts of money on behalf of the donor, including donations to charities. You must only make gifts:

to people who normally receive gifts from the person

on suitable occasions, eg birthdays, weddings

to charities that normally receive donations from the person

Gifts must be reasonable - read the guidance on suitable gifts.

Buying or selling property

You can buy or sell property on the donor’s behalf if it’s in their best interests.

Contact OPG if:

the sale is below the market value

you or your family want to buy the property

you’re giving it to someone else

They can advise you on whether you need to apply to the Court of Protection about this.

If you’re selling the donor’s home and the donor has a health and welfare lasting power of attorney (LPA), you may need to discuss where the donor is going to live with the relevant attorney.

Wills

You cannot make a will on behalf of the donor.

You can apply to the Court of Protection for a ‘statutory will’ if the donor needs to make a will, but lacks capacity to do it themselves.

Payment and expenses

Unless you’re a professional attorney, you will not normally be paid for being someone’s attorney.

Expenses

You can claim expenses you’ve had while carrying out your duties as an attorney, for example:

travel costs

stationery

postage

phone calls

Keep your receipts and invoice the donor for your expenses.

Stop acting as an attorney

You’ll stop acting as the donor’s attorney if:

the donor dies - the enduring power of attorney (EPA) ends automatically

you choose to stop being an attorney - sometimes called ‘revoking’ or ‘disclaiming’ an attorneyship

you declare yourself bankrupt

If you stop you’ll need to fill in the relevant forms and provide the relevant documents.

If you had to make decisions jointly with other attorneys and any of you stop, the enduring power ends automatically. You’ll need to find another way to help the donor make decisions.

If the donor dies

You’ll stop being an attorney as soon as the donor dies. If the EPA was registered you must contact the Office of the Public Guardian (OPG). You must send them:

a copy of the death certificate

the original EPA

If you want to stop being an attorney

If you decide to give up the role of attorney, fill in and send a notification form. Send it to:

the donor - if the EPA has not been registered

the donor and OPG - if the EPA has been registered

You should also tell any other attorneys appointed on the EPA.


Lasting power of attorney: acting as an attorney

Overview

You can make decisions on someone’s behalf if they appoint you using a lasting power of attorney (LPA).

You can contact GOV.UK to request this guide in another format, for example large print or braille.

The person who appoints you is called the ‘donor’. You’re their ‘attorney’.

You don’t need any legal experience to act as someone’s attorney.

The types of decisions you make depend on whether you’re a:

property and financial affairs attorney

health and welfare attorney

This guide is also available in Welsh (Cymraeg).

Making decisions

Check what you need to do before you’re allowed to start making decisions.

After you start you must:

follow any instructions the donor included in the LPA

consider any preferences the donor included in the LPA

help the donor make their own decisions as much as they can

make any decisions in the donor’s best interests

respect their human and civil rights

You must make the decisions yourself - you can’t ask someone to make them for you.

You can get help making difficult decisions. Your decisions can be checked.

If you’re not the only attorney

Check the LPA. It will tell you whether you must make decisions:

‘jointly’ - this means all the attorneys must agree

‘jointly and severally’ - this means you can make decisions together or on your own

The LPA may tell you to make some decisions ‘jointly’ and others ‘jointly and severally’.

Find out what to do if you make decisions jointly with someone who stops acting as an attorney.

Property and financial affairs attorneys

As a property and financial affairs attorney, you make (or help the donor make) decisions about things like:

money, tax and bills

bank and building society accounts

property and investments

pensions and benefits

You can use the donor’s money to look after their home and buy anything they need day to day (for example, food).

Discuss decisions that affect the donor’s living arrangements, medical care or daily routine with their health and welfare attorney, if they have one.

Looking after money and property

You must keep the donor’s finances separate from your own, unless you’ve already got something in both of your names like a joint bank account or you own a home together.

Managing bank accounts

Before you can manage the donor’s account, you must show the bank the original registered lasting power of attorney (LPA) or a copy of it signed on every page by the donor, a solicitor or notary.

You’ll also need to give proof of:

your name

your address

the donor’s name or address if they’re not the same as on the bank account

The bank might ask for additional types of proof.

Spending money on gifts or donations

Unless the LPA states otherwise, you can spend money on:

gifts to a donor’s friend, family member or acquaintance on occasions when you would normally give gifts (such as birthdays or anniversaries)

donations to a charity that the donor wouldn’t object to, for example a charity they’ve donated to before

You must apply to the Court of Protection for any other type of gift or donation, even if the donor has given them before. These include:

paying someone’s school or university fees

letting someone live in the donor’s property without paying market rent (anything they pay below market rent counts as a gift)

interest-free loans

You must check that the donor can afford the gift or donation, even if they’ve spent money on these types of things before. For example, you can’t donate their money if that would mean they couldn’t afford their care costs.

Read the guidance for more information on giving gifts or donations.

Buying and selling property

You’ll need to get legal advice if:

the sale is below the market value

you want to buy the property yourself

you’re giving it to someone else

Making a will

You can apply for a statutory will if the donor needs to make a will but can’t do it themselves.

You can’t change a donor’s will.

You can be ordered to repay the donor’s money if you misuse it or make decisions to benefit yourself.

Health and welfare attorneys

As a health and welfare attorney, you make (or help the donor make) decisions about things like:

daily routine, for example washing, dressing and eating

medical care

where the donor lives

You might need to spend the donor’s money on things that maintain or improve their quality of life. This can include:

new clothes or hairdressing

decorating their home or room in a care home

paying for extra support so the donor can go out more, for example to visit friends or relatives or to go on holiday

You must ask for money from the person in charge of the donor’s funds.

Refusing or consenting to treatment

Check the lasting power of attorney (LPA) for instructions about refusing or consenting to treatment.

You’ll need to:

show the LPA to care staff

sign medical consent forms

make decisions in the donor’s best interests

You can’t always make decisions about the donor’s medical treatment, for example if the donor’s made a living will or has been sectioned.

Living wills (‘advance decisions’)

This is a legal statement from the donor about which medical treatments they don’t want. You’ll need to give this to care staff along with the LPA.

NHS Choices has information about advance decisions.

Apply for a one-off decision

You may need to apply for a one-off decision from the Court of Protection to make a decision about a medical treatment if:

the living will and LPA give different instructions

the medical staff or the donor’s friends and family disagree about whether the treatment should be given

Start acting as an attorney

You must have a registered lasting power of attorney (LPA)  before you can start acting as an attorney.

The LPA is registered when the Office of the Public Guardian (OPG) has stamped it with ‘VALIDATED-OPG’.

You can prepare before you start by talking to the donor so you’re ready to make decisions in their best interests. For example, ask about their plans for their money or how they want to be cared for if they become seriously ill.

Starting as a property and financial affairs attorney

The LPA may give you permission to make decisions while the donor still has the mental capacity to make their own financial decisions.

If it doesn’t, you can only start making decisions when they don’t have mental capacity.

Starting as a health and welfare attorney

You can only make decisions when the donor doesn’t have mental capacity to make them.

You must tell people involved in the donor’s care when you start. This includes the donor’s:

friends and family

doctor and other healthcare staff

care workers, social worker and other social care staff

Staff may want to see proof of your identity and either the original LPA or a certified copy.

Taking over as a replacement attorney

Replacement attorneys are listed in the LPA.

You’ll be able to start helping a donor make decisions as soon as the attorney you’re replacing stops acting.  Check the LPA to see if there are other attorneys you might need to make decisions with.

Records and expenses

Keep a record of:

important decisions you make and when, for example selling the donor’s home or agreeing to medical treatment

the donor’s assets, income and how you spend their money - if you’re their finance and property affairs attorney

Include details of who you asked for advice and any disagreements.

Don’t include small, everyday decisions.

Expenses

You can only claim expenses for things you must do to carry out your role as an attorney, for example:

hiring a professional to do things like fill in the donor’s tax return

travel costs

stationery

postage

phone calls

Keep your receipts and invoice the donor for your expenses. The money is paid by whoever’s in charge of the donor’s funds.

Checks and visits

The Office of the Public Guardian and Court of Protection can check your decisions. They may:

arrange a visit with you and the donor together, or the donor alone

contact other people such as the donor’s family, bank or care workers

They can investigate and stop you acting as an attorney if, for example:

you’ve done something the lasting power of attorney (LPA) says you can’t

you haven’t done something the LPA has instructed you to do

you haven’t been acting in the donor’s best interests

you misuse the donor’s money or make decisions to benefit yourself

you do something that goes against their human or civil rights

the donor isn’t being treated well

the donor made the LPA under pressure or they were tricked into it

Stop acting as an attorney

The lasting power of attorney (LPA) ends when the donor dies.

Tell the Office of the Public Guardian (OPG) and send them:

a copy of the death certificate

the original LPA

all certified copies of the LPA

Stopping before the donor dies

You can choose to stop acting as an attorney - sometimes called ‘disclaiming’ an attorneyship.

There are also some cases in which the law requires you to stop acting as an attorney.

Any replacement attorneys listed in the LPA will take over if you stop.

If there are no replacements, there may be other ways to help the donor make decisions.

If you choose to stop

Fill in and send a notification form to:

the donor - if the LPA hasn’t been registered

the donor and OPG (at the address on the form) - if the LPA is registered

any other attorneys appointed on the LPA

When you have to stop

You must stop acting as an attorney if:

the donor takes you off their LPA  - sometimes called ‘revoking’ an attorney

you lose mental capacity and can’t make decisions any more

you’re a property and financial affairs attorney and you become bankrupt or subject to a debt relief order

you’re married to or in a civil partnership with the donor and you get a divorce or an annulment (unless the LPA says you can keep acting as an attorney)

you’re a joint attorney and another attorney stops acting, unless the LPA says you can carry on making decisions


Make decisions on behalf of someone

When you can make decisions for someone

Someone can choose you to make and carry out certain decisions on their behalf.

They can ask you to do this:

now - for example, while they’re on holiday

in the future - for example, if they lose the mental capacity to make their own decisions

You can also apply to a court to help someone make decisions if they do not have mental capacity now.

This guide is also available in Welsh (Cymraeg).

When someone can choose you

A person must have mental capacity when they choose you for short-term or long-term help with decisions.

Short-term help

You can be appointed to make decisions about someone’s money or property for a limited time - for example, while they’re on holiday.

They can appoint you with either:

a lasting power of attorney for ‘property and financial affairs’ - they’ll say when it starts and ends

an ‘ordinary power of attorney’ - you can only use this while they have mental capacity

To make an ordinary power of attorney, the person who appoints you needs to buy a document from a newsagent or use a solicitor.

Long-term help

You can be appointed with a lasting power of attorney to help someone make ongoing decisions about either or both:

money and property - starting at any time, or when they do not have mental capacity

health and welfare - starting when they do not have mental capacity

You can also help someone with ongoing decisions using an enduring power of attorney made before 1 October 2007.

When you apply to a court

Apply to a court to help someone without mental capacity with one-off or long-term decisions.

Check if someone already has an attorney or deputy to help them with decisions before you apply.  If they do have an attorney or deputy, ask them for help instead.

One-off decisions

Ask the Court of Protection to make:

a one-off decision about an issue that’s not urgent

an urgent or emergency decision about something that puts them at risk

If the decision is about medical treatment, you must consider any living will (advance decision) that the person has made.

Long-term help

Apply to the Court of Protection to help someone long-term with decisions about either or both:

money and property - as a ‘property and financial affairs deputy’

health and welfare - as a ‘personal welfare deputy’

How to make decisions

As someone’s attorney or deputy you must:

give them all the help they need to make each decision before deciding they do not have mental capacity to make that decision themselves

make any decisions in their best interests

make decisions that restrict their human and civil rights as little as you can

Helping someone make decisions

Give the person all the information they need to make a decision.

Make it easy for them to understand and weigh up the information, for example by:

allowing plenty of time

choosing a time that suits them best

talking in familiar surroundings - for example, their home

removing distractions such as background noise

explaining things a different way - in pictures or sign language, for example

Suggest different ways for them to tell you their decision if they cannot tell you in words - for example, by pointing, squeezing your hand, blinking or nodding.

Making decisions in someone’s best interests

Any decisions you make for someone must be right for them (‘in their best interests’). Take into account:

what they would have decided if they could

their past and present values and wishes, including moral, political and religious views

Do not make assumptions based on their age, gender, ethnic background, sexuality, behaviour or health.

It can help to:

write down what the person has told you is important to them

look at other things they wrote down or recorded (such as household budgets or home videos)

speak to friends, family or colleagues who know them well

consult anyone involved in their care, for example personal carers or care home staff

notice their behaviour and reactions - this can tell you about wishes and feelings that a person cannot express in words

Human and civil rights

Your decisions must restrict the person’s human and civil rights as little as possible. Citizens Advice has information about human and civil rights.

You can never make decisions on someone’s behalf about certain things, such as:

voting

relationships - for example consenting to sex, getting married or getting divorced

Follow the Mental Capacity Act code of practice when you make decisions.

Difficult decisions and disagreements

Consult the person as well as their family, friends and carers. Including everyone in a ‘best interests’ meeting can help you reach agreement.

If you cannot agree you can:

get advice about how to reach agreement from the Office of the Public Guardian

get help from an advocate who can represent the person’s best interests

find a mediation service

get help from the social services team at your local council if it’s a disagreement about the person’s care

ask the Court of Protection to decide if it’s a major disagreement about a serious issue

Checking mental capacity

A person may not have mental capacity because of a problem with the way their brain functions, for example:

a serious brain injury

an illness, such as dementia

severe learning disabilities

Mental capacity can come and go (for example, with dementia and some mental illnesses). A person can also recover mental capacity (for example, following a severe stroke).

What you must check

You must check that a person has mental capacity to make a decision at the time it needs to be made.

They can make the decision if they can:

understand the information they need - for example, what the consequences will be

remember the information for long enough to make the decision

weigh up the options and make a choice

communicate their decision in any way - for example, by blinking or squeezing a hand

You cannot decide a person lacks mental capacity because you think they’ve made a bad or strange decision.

If the person cannot make a decision at a certain time, they may still be able to:

make it at another time

make decisions about other things

Do not make a decision for them if it can wait until they can do it themselves.

Get help checking mental capacity

You can ask the person’s doctor or another medical professional to assess their mental capacity.

Follow the Mental Capacity Act code of practice when you check mental capacity.


Make, register or end a lasting power of attorney

Overview

A lasting power of attorney (LPA) is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf.

This gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions (you ‘lack mental capacity’).

You must be 18 or over and have mental capacity (the ability to make your own decisions) when you make your LPA.

You do not need to live in the UK or be a British citizen.

This guide is also available in Welsh (Cymraeg).

There are 2 types of LPA:

health and welfare

property and financial affairs

You can choose to make one type or both.

There’s a different process in Scotland and Northern Ireland.

How to make a lasting power of attorney

Choose your attorney (you can have more than one).

Fill in the forms to appoint them as an attorney.

Register your LPA with the Office of the Public Guardian (this can take up to 10 weeks).

It costs £82 to register an LPA unless you get a reduction or exemption.

You can cancel your LPA if you no longer need it or want to make a new one.

Health and welfare lasting power of attorney

Use this LPA to give an attorney the power to make decisions about things like:

your daily routine, for example washing, dressing, eating

medical care

moving into a care home

life-sustaining treatment

It can only be used when you’re unable to make your own decisions.

Property and financial affairs lasting power of attorney

Use this LPA to give an attorney the power to make decisions about money and property for you, for example:

managing a bank or building society account

paying bills

collecting benefits or a pension

selling your home

It can be used as soon as it’s registered, with your permission.

Help deciding if you should make a lasting power of attorney

Contact the Office of the Public Guardian if you need help.

Choose your attorney

You can choose one or more people to be your attorney. If you appoint more than one, you must decide whether they’ll make decisions separately or together.

Who can be your attorney

Your attorney needs to be 18 or over. They could be:

a relative

a friend

a professional, for example a solicitor

your husband, wife or partner

You must appoint someone who has the mental capacity to make their own decisions.

Your attorney does not need to live in the UK or be a British citizen.

When choosing an attorney, think about:

how well they look after their own affairs, for example their finances

how well you know them

if you trust them to make decisions in your best interests

how happy they will be to make decisions for you

Read about an attorney’s responsibilities to help you with your decision.

You cannot choose someone who is subject to a Debt Relief Order or is bankrupt if you’re making a lasting power of attorney (LPA) for property and financial affairs.

If there’s more than one attorney

If you’re appointing more than one person, you must decide if they’ll make decisions:

separately or together - sometimes called ‘jointly and severally’ - which means attorneys can make decisions on their own or with other attorneys

together - sometimes called ‘jointly’ - which means all the attorneys have to agree on the decision

You can also choose to let them make some decisions ‘jointly’, and others ‘jointly and severally’.

Attorneys who are appointed jointly must all agree or they cannot make the decision.

Replacement attorneys

When you make your LPA you can nominate other people to replace your attorney or attorneys if at some point they cannot act on your behalf anymore.

Make a lasting power of attorney

You can make a lasting power of attorney (LPA) online or using paper forms.

Either way, you need to get other people to sign the forms, including the attorneys and witnesses.

You can get someone else to use the online service or fill in the paper forms for you, for example a family member, friend or solicitor.

You must register your LPA or your attorney will not be able to make decisions for you.

It might take longer to make and register an LPA because of coronavirus (COVID-19). It will be quicker if you make it and pay online.

Make an LPA online

Create an account to start your LPA.

You can:

get help and guidance at each step

save your forms and complete them later

review your answers and fix any mistakes

You need to print out the forms and sign them when you’ve finished.

Sign in to your account

Sign in to continue making your LPA.

Use the paper forms

Download the forms and print them out.

Signing the forms

You need to sign the forms before you send them off. They also need to be signed by:

the attorneys

witnesses

a ‘certificate provider’, who confirms you’re making the LPA by choice and you understand what you’re doing

Everyone must sign the same original document. They cannot sign copies or use digital signatures.

Who can be a witness or certificate provider

Witnesses and certificate providers must be 18 or over.

Attorneys can witness each other sign, but they cannot:

witness you sign

sign as the certificate provider

You cannot be a witness if you’re the person appointing an attorney.

Get help

Ask the Office of the Public Guardian about help you can get if you:

do not have a computer or printer

want to use the online service but need some help

Register a lasting power of attorney

When you’ve made your lasting power of attorney (LPA), you need to register it with the Office of the Public Guardian (OPG).

It takes up to 15 weeks to register an LPA if there are no mistakes in the application.

You can apply to register your LPA yourself if you’re able to make your own decisions.

Your attorney can also register it for you. You’ll be told if they do and you can object to the registration.

Notify people

Before you register, send a form to notify people (LP3) to all the ‘people to notify’ (also called ‘people to be told’) you listed in the LPA.

They’ll have 3 weeks to raise any concerns with OPG.

If you’re using the online service to make an LPA, it will create and fill in the LP3 forms for you.

How to register

Apply to register as soon as you’ve sent forms to notify people.

To register, you need to sign your completed LPA form and send it to OPG.

If you create your LPA form using the online service, you will need to print it out to do this.

The address is also on the form. Make sure you include the original LPA form and the fee.

You can send a certified copy if you do not have the original form. Write a covering letter to explain why you do not have the original.

If you made your LPA with an older paper form

You can register by filling in form LP2 if you made your LPA:

on forms LPA114 or LPA117 before 1 January 2016

on forms LP PA or LP PW before 1 April 2011

Otherwise you’ll need to make a new LPA.

How much it costs

It costs £82 to register each LPA unless you get a reduction or exemption.

This means it costs £164 to register both a property and financial affairs LPA and a health and welfare LPA.

You can pay by:

credit or debit card

cheque

Make your cheque payable to ‘Office of the Public Guardian’ and write your name on the back. Send it to OPG with your forms.

If you make a mistake on your form

Depending on the type of mistake, OPG may let you correct it and apply again within 3 months for £41.

Get a reduction or exemption

You can apply for a reduction if you earn less than £12,000. You might also be able to apply for an exemption if you’re on certain benefits, such as Income Support.

Download and fill in the application form. The form has more information about eligibility.

Certify a copy of a lasting power of attorney

You can confirm that a copy of your lasting power of attorney (LPA) is genuine by ‘certifying’ it if you’re still able to make your own decisions.

You or your attorney can use a certified copy to register your LPA if you do not have the original form.

Your attorney can also use the certified copy to prove they have permission to make decisions on your behalf, for example to manage your bank account.

How to certify a copy

Write the following text on the bottom of every page of the copy:

“I certify this is a true and complete copy of the corresponding page of the original lasting power of attorney.”

On the final page of the copy, you must also write:

“I certify this is a true and complete copy of the lasting power of attorney.”

You need to sign and date every page.

Other ways to certify a copy

Copies of your LPA can also be certified by:

a solicitor

a person authorised to carry out notarial activities

Change your lasting power of attorney

You can ask the Office of the Public Guardian (OPG) to change your lasting power of attorney (LPA) if it’s been registered and you still have mental capacity to make decisions.

If you want to remove one of your attorneys

You will need to send OPG a written statement called a ‘partial deed of revocation’.

If you want to add another attorney you need to end your LPA and make a new one.

Use the following wording. Replace the words in the square brackets with the relevant details.

Partial deed of revocation

“This partial deed of revocation is made by [donor’s name] of [donor’s address].

1: I granted a lasting power of attorney for property and financial affairs/health and welfare [delete as appropriate] on [date donor signed the lasting power of attorney] appointing [name of first attorney] of [address of first attorney] and [name of second attorney] of [address of second attorney] to act as my attorney(s).

2: I hereby revoke [attorney’s name that you are revoking] ONLY from the lasting power of attorney and the authority granted to him/her.

Signed and delivered as a deed [donor’s signature]
Date signed [date]
Witnessed by [signature of witness]
Full name of witness [name of witness]
Address of witness [address of witness]”

Where to send a partial deed of revocation

Send the partial deed of revocation to the Office of the Public Guardian (OPG) with the original LPA document. You must also tell your attorney or attorneys that you’re ending your LPA.

If your attorney’s details change

You must write to OPG if one of your attorneys has changed their:

name - by marriage or deed poll

address

You need to provide supporting documents, such as the original marriage certificate, with their new name and address.

Do not make changes to your LPA document itself, as it might become invalid. You must contact OPG to make changes to your LPA.

If one of your attorneys dies

You must tell OPG and send them:

a copy of their death certificate

the original LPA

all certified copies of the LPA

a return address where your documents can be sent back to

End your lasting power of attorney

You can end your lasting power of attorney (LPA) yourself - if you have mental capacity to make that decision.

You need to send the Office of the Public Guardian (OPG) both:

the original LPA

a written statement called a ‘deed of revocation’

Use the following wording for the deed of revocation. Replace the words in the square brackets with the relevant details.

Deed of revocation

“This deed of revocation is made by  [your name]  of  [your address].

1: I granted a lasting power of attorney for property and financial affairs/health and welfare (delete as appropriate) on  [date you signed the lasting power of attorney] appointing  [name of first attorney]  of  [address of first attorney]  and  [name of second attorney]  of  [address of second attorney]  to act as my attorney(s).

2: I revoke the lasting power of attorney and the authority granted by it.

Signed and delivered as a deed  [your signature]
Date signed  [date]
Witnessed by  [signature of witness]
Full name of witness  [name of witness]
Address of witness  [address of witness]”

You must be able to make your own decisions when you end your LPA.

You can also complain if you have concerns about your attorney, for example if they’re not carrying out their responsibilities properly.

Other ways a lasting power of attorney can end

Your LPA may end if your attorney:

loses the ability to make decisions - ‘loses mental capacity’

divorces you or ends your civil partnership if they’re your husband, wife or partner

becomes bankrupt or they’re subject to a Debt Relief Order (DRO) - if they’re a property and financial affairs attorney

is removed by the Court of Protection

dies

If your only attorney dies

Your LPA will end if your attorney dies and you have no replacement attorneys. You must tell OPG and send them:

a copy of their death certificate

the original LPA

all certified copies of the LPA

Your LPA can continue if:

there are other attorneys who can act ‘jointly and severally’ - but not if they are only allowed to act ‘jointly’

there are replacement attorneys

If you die

Your LPA will end automatically when you die. Your affairs will be looked after by your executors or personal representatives from that point, not your attorney.


Manage a missing person's finances and property

Overview

You can apply to be a guardian and manage the finances or property of someone who:

is missing

is in prison abroad and cannot communicate

has been taken hostage or kidnapped

The person must be missing from home and their usual activities.

One of the following must also apply:

you do not know where they are

they cannot contact you to let you know their decisions

You must apply to the High Court for a guardianship order.

You can apply when the person has been missing for the previous 90 days. You can apply earlier if it’s urgent, for example the person’s house is being repossessed.

The Office of the Public Guardian will supervise you while you are acting as a guardian. You’ll need to keep records of the activities you carry out and decisions you make.

You must send reports to the Office of the Public Guardian when they ask you for them. They will tell you when it’s time to send your report.

The Office of the Public Guardian might visit you.

Who can apply

You can apply if you’re the missing person’s:

husband, wife or civil partner

parent

child

brother or sister

guardian already and you’re renewing the order

You can also apply if you can give the court evidence that you have a ‘sufficient interest’ in the person’s finances or property. This might be, for example, because:

you have been in a relationship for a long time with the person and you live with them

the person is your business partner and you need to continue to run the business

you are the person’s step-parent, step-sibling or step-child

The longer you’ve known the person and the better you know them, the easier it will be for you to convince the court that you have ‘sufficient interest’.

You must be over 18 to apply.

Apply to be a guardian

You can make a claim yourself or use a legal representative.

Fill in the form

Download and fill in a part 8 claim form.

Include:

your name and address (under ‘claimant’)

the missing person’s name (under ‘defendant’)

your relationship to the missing person

the last known address of the person

when the person went missing

how long the person has been missing

If you’re applying with other people, complete one form with everyone’s details in it.

You’ll need to write a witness statement to help the court decide if you’re a suitable guardian.

Witness statement

Confirm that the missing person normally lives in England or Wales.

If you’re not the person’s husband, wife, civil partner, parent, child, brother or sister, explain why you’re interested in the person’s property or financial affairs.

If it’s less than 90 days since the person went missing, explain you need the guardianship order urgently, for example, because the person is going to lose their house.

In the statement, include:

the person’s usual day-to-day activities and when they stopped doing them

evidence that the person has been missing for at least the last 90 days

information about the property and finances of the person

what you know about their disappearance and where they might be

details of any police investigation or report

the names and addresses of the missing person’s family, if they have any

the proposed news advert

whether you’ve been convicted of a criminal offence

whether you’ve been refused credit

whether you’ve ever been bankrupt

whether you’ve run a company that became insolvent or went bankrupt

confirmation that you believe the facts in the document are true and accurate (a ‘truth statement’)

Send the form to the High Court

Apply to one of the following:

the Chancery Division of the High Court - if there are complicated issues with a property or trust

the Family Division of the High Court - if it’s likely that family disagreements and issues will happen

Your local High Court District Registry

The High Court can transfer your hearing from one division to another. This will not change what you have to pay.

Send one identical copy for each person you need to tell, plus a copy for the court.

the form and witness statement

any documents you have as supporting evidence, for example police reports

a cheque for the court fee, made payable to ‘HM Courts and Tribunals Service’

Find your local High Court District Registry.

After you apply you’ll need to advertise your claim in a newspaper. The High Court will ask you to go to a hearing.

How much it costs

You must pay either:

a £528 application fee if you apply to the Chancery Division of the High Court

a £245 application fee if you apply to the Family Division of the High Court

Send a cheque for HM Courts and Tribunals with your application.

You might also have to pay a security bond.

Once you’re appointed as a guardian you must pay:

a £200 set up fee

a £320 supervision fee every year of your guardianship

The Office of the Public Guardian will tell you how and when to pay your set up and supervision fees.

If you want to get the money back for the fees from the missing person’s account, ask the court to give you permission in the guardianship order.

Pay the security bond

You might have to pay a security bond before you can use the guardianship order. The High Court will tell you if you need to pay a bond.

If the guardianship order gives you permission, either:

pay the bond from the person’s funds

pay the bond yourself then pay yourself back once you have access to the person’s finances

You cannot start acting for the person until you’ve paid the security bond.

Get help with your fees

You might also be able to get help paying court fees.

After you've applied

The court will send copies of your form back to you, with ‘acknowledgement of service’ forms and a case number. It will keep a copy of the form. The High Court will let you know the hearing date.

The hearing will take place at least 8 weeks after the High Court sends you the claim forms back.

When you have a hearing date from the court, you need to tell other people that you’ve applied before the hearing, in case they object. You must also advertise your claim in a newspaper.

Tell the person’s family that you’ve applied to be their guardian

You’ll need to tell the missing person’s:

husband, wife or civil partner

parents, brothers and sisters

children

Send:

a copy of the claim form

the acknowledgement of service form that the court has sent you

copies of the supporting evidence you sent with your application

a letter telling them the date of the first hearing

Advertise your claim in the news

You must advertise your claim within 14 days from the day you get a date for the first court hearing. The advert must appear in a print or online newspaper that covers the missing person’s last known usual address.

How to write the advert

You can use this template for the advert. Add your own information where there are square brackets.

In the High Court of Justice [Family or Chancery] Division

Case number [  ]

In the matter of an application made under the Guardianship (Missing Persons) Act 2017 for a guardianship order in respect of [insert missing person name].

A claim has been issued in the High Court of Justice, [Family or Chancery] Division, case no. [case number], by [your name] for an order that [your name] be appointed guardian in respect of [missing person] (“the missing person”), whose last usual place of residence was [missing person’s address].

The date and venue for the first hearing of the claim application is [date] at [court address]. Any spouse, civil partner, parent, child or sibling of the missing person is entitled to intervene in the matter. Any other person having an interest may apply to the court for permission to intervene in the matter.

If you wish to give notice of intention to intervene or to apply to the court for permission to intervene, you should do so at [court address] as soon as possible, and no later than 14 days before the date of the first hearing, and serve a copy of that notice or application on the claimant at the address given below. Delay may harm your prospects of obtaining permission to intervene if you are not entitled to intervene, and, in any event, may be taken into account on any question relating to costs.

[your name]
[Name and address of your legal representative, if you have one]
[Your address, if you do not have a legal representative]

Tell the court about the advert

At least 7 days before the first court hearing, send evidence to the High Court that you advertised the claim. Include the case number the court has sent you. Evidence could be:

a copy of the printed page

a working link to a website

confirmation from the news organisation

At the hearing

Bring any supporting documents you have to the hearing.

At the hearing, the judge might consider:

your relationship with the missing person

the missing person’s opinion of you (for example, if there is evidence in writing from before they disappeared)

whether you have the right skills and knowledge to be a guardian

any conflict of interest between you and the missing person

You might be:

asked for more information

told there has to be another hearing

The court will tell you how to get a court order if someone’s refusing to give you information you need.

There might be several hearings before the High Court makes a decision. It depends on how complicated the case is.

If the High Court approves your claim

The judge might tell you at the hearing that you have been successful, or there could be a short wait before you find out. It depends on how complicated your case is and how much the missing person owns.

Once the High Court has given you a guardianship order, they will send you several copies of it and a copy to the Office of the Public Guardian.

The Office of the Public Guardian will register your guardianship and supervise you. You might have to pay a security bond. The High Court will tell you if you do.

When you’re appointed as a guardian

The guardianship order will tell you when you can start to make decisions for the person and what kinds of decision you can make.

The order will also say how long you are guardian for.

Contact the High Court if there are mistakes on the order.

You’ll need apply again to make a decision on anything that’s not covered by the order.

Let people know you’re a guardian

The court might give you the right to find out where the person has bank or building society accounts, if you do not know already. You’ll need to write to banks and building societies to find out.

If the order mentions people or organisations, tell them that you’re the guardian.

Some examples are:

Department for Work and Pensions

banks or building societies

life assurance companies

the payer of any private pensions

the solicitor who holds the person’s will or property deeds

utility providers

the company where the person has a mortgage

Send:

the guardianship order

proof of your name and address

proof of the name and address of the person you are guardian for

Proof of name and address could be a driving licence or utility bill. Check with the organisation:

what proof of name and address they accept

whether they’ll accept a photocopy of the guardianship order or only the original

Ask organisations to return your guardianship order when you send it out or you may run out of copies.

Pay bills and cancel payments

Once you have access to the person’s accounts and know where their income comes from and their assets, you can make a full list of what’s in their estate so you know what you’re responsible for. If the guardianship order gives you permission, pay any outstanding bills and cancel any payments if they no longer apply.

Make decisions

The Office of the Public Guardian will supervise you while you act as a guardian. You’ll need to keep a record of the decisions you make.

The kinds of decision the guardianship order might let you make include:

making an investment for the person

selling some of the person’s assets

cancelling direct debits

Any decisions you make for someone must be right for them (‘in their best interests’).

Making decisions in someone’s best interests

Take into account:

what they would have decided if they could

their feelings and wishes

their values and beliefs, including moral, political and religious views

the views of other people who have an interest in the missing person’s property

Do not make assumptions based on their age, gender, ethnic background, sexuality or health.

It can help to:

write down what the person has told you is important to them

look at other things they wrote down or recorded (such as household budgets or home videos)

speak to friends, family or colleagues who know them well

You’ll need to send a report to the Office for the Public Guardian explaining what decisions you took.

Difficult decisions and disagreements

Consult the person’s family and friends. Including everyone in a meeting can help you reach agreement.

If you cannot agree you can get advice about how to reach agreement from the Office of the Public Guardian.

You must apply again to the High Court to make a decision not covered by the guardianship order.

Keeping records, giving gifts and claiming expenses

You must keep financial records and accounts. Follow the rules for gifts and expenses. You must also record the transactions in your guardianship report.

Keeping records

Keep a record if you:

make an investment for the person

sell the person’s home, car or other valuables

use the person’s money to buy someone a gift

ask someone for advice and any disagreements

close an account

pay a bill

You must keep copies of:

bank statements and receipts

invoices

contracts for services or tradespeople

letters and emails about your activities as a guardian

The Office of the Public Guardian might ask you to send these in when it reviews your guardian report.

Giving gifts

Your guardianship order will say if you can buy gifts or give gifts of money on behalf of the person, including donations to charities. It will also say if there’s a limit on what you can spend.

You must be sure the person can afford the gift.

Expenses

Check your guardianship order to find out whether or not you can claim expenses. You can only claim expenses if the order gives you permission and for things you must do to carry out your role as a guardian, for example:

hiring a professional to do things like fill in the person’s tax return

travel costs

stationery

postage

phone calls

You can be ordered to repay the person’s money if you misuse it or make decisions to benefit yourself.

Keep your receipts and invoice the person for your expenses.

Complete your report

You must write a report for the Office of the Public Guardian each year explaining the decisions you’ve made as a guardian.

It must include:

the reasons for your decisions and why they were in the person’s best interests

who you spoke to and what they said was in the person’s best interests

the opening and closing balances and bank statements

payments and transfers in and out of their accounts

details of the person’s assets

any assets you bought or sold

The Office of the Public Guardian will tell you when to send your report and how to send it.

If you do not send the report, the Office of the Public Guardian might:

increase the amount of supervision you get

ask the court to replace you with a different guardian

Make a decision that's not covered by the order

You must apply to the High Court if you need to change your guardianship, for example to make decisions not covered by the original order.

How to apply

Apply to the High Court to change the guardianship order.

Download and fill in form N244.

Include your case number and select that you are the ‘claimant’.

When the guardianship ends

Your guardianship ends automatically if one of the following things happens:

your guardianship order expires

the person dies

someone makes a declaration of presumed death

you die

If the person returns or you decide to step down

You’ll need to apply to the High Court to end (‘revoke’) the guardianship order.

Download and fill in form N244.

Explain in the details section that you want to revoke the guardianship because the missing person has returned or you’ve decided to step down.

Renew your guardianship

The guardianship order will make you a guardian for a maximum of 4 years.

You can apply for another guardianship order when it expires. The process is the same as applying for guardianship.


Annul a marriage

When you can annul a marriage

Annulment (sometimes known as ‘nullity’) is a different way of ending a marriage.

You or your spouse must have either:

lived in England or Wales for at least a year

had a permanent home in England or Wales for at least 6 months

Unlike divorce, you can apply for annulment in the first year of your marriage or any time after. However, if you apply years after the wedding, you might be asked to explain the delay.

You’ll need to show that the marriage:

was never legally valid (‘void’)

was legally valid, but meets one of the reasons that makes it ‘voidable’

Your marriage is not legally valid - ‘void’ marriages

You can annul a marriage if it was not legally valid in the first place, for example:

you’re closely related to the person you married

one or both of you were under 16

one of you was already married or in a civil partnership

If a marriage was never legally valid, the law says that it never existed.

However, you may need legal paperwork (a ‘decree of nullity’) to prove this - for example if you want to get married again.

Your marriage is ‘voidable’

You can annul a marriage for a number of reasons, such as:

it was not consummated - you have not had sexual intercourse with the person you married since the wedding (does not apply for same sex couples)

you did not properly consent to the marriage - for example you were forced into it

the other person had a sexually transmitted disease (STD) when you got married

your spouse was pregnant by someone else when you got married

one spouse is in the process of transitioning to a different gender

As with divorce, your marriage legally exists until you annul it using one of these reasons.

The rules on ending a civil partnership are slightly different, but the court forms are the same.

Apply for an annulment

You can apply to have your marriage annulled as soon as you get married. Unlike divorce, you do not have to wait for a year.

To annul a marriage, fill in a ‘nullity petition’.

Read the supporting notes before you start.

Send 2 copies of the form to your nearest divorce court, and keep your own copy.

Filing a nullity petition form costs £550.

You may be able to get help with court fees if you’re on benefits or a low income.

Apply for a decree nisi

The other person must respond to your nullity petition within 8 days, saying whether they agree the marriage should be annulled.

If they agree, you can apply for a ‘decree nisi’. This will confirm that the court does not see any reason why the marriage cannot be annulled.

To get a decree nisi, fill in the application for decree nisi or conditional order.

Statement in support of annulment

You must also fill in a statement confirming that what you said in your nullity petition is true.

Use one of the forms below, depending on whether your marriage is ‘void’ or ‘voidable’:

statement in support of annulment - void marriage

statement in support of annulment - voidable marriage

See when you can annul a marriage for the difference between ‘void’ and ‘voidable’ marriages.

The marriage will not be ended yet, you still need to apply for a ‘decree absolute’.

Apply for a decree absolute

You can apply for a decree absolute 6 weeks after you get the decree nisi.

In these cases, it’s also called a ‘decree of nullity’. This is the final legal document which says that the marriage has been annulled.

To apply for a decree of nullity, fill in the notice of application for decree nisi to be made absolute.

The decree absolute fee is included in the annulment cost.

When you return your forms

The court will check if there are any reasons that the marriage cannot be annulled. In most cases, you do not need to go to court for this.

If the court is happy, it will send you the decree of nullity. This will confirm that you’re no longer married.

If your marriage was never legally valid (void), the decree will confirm that you were never legally married.