How to Apply for Controllership in Northern Ireland: OCP Process and Fees

Your parent has lost mental capacity. There is no Enduring Power of Attorney in place. Banks have frozen accounts, care fees are piling up, and you have no legal authority to manage anything. In Northern Ireland, the only route forward is a High Court Controllership Order through the Office of Care and Protection.

This is a complex court process regulated by the Mental Health (Northern Ireland) Order 1986. Here is exactly how it works.

Step 1: Identify the Applicant and Gather Evidence

The proposed Controller is usually a close family member — typically an adult child or spouse. You will need:

• Two character references for the proposed Controller
• A comprehensive asset inventory: every bank account, building society account, pension (state and private), investment, property, and income stream the parent has
• A spending proposal: a detailed plan for how you intend to manage the parent's money to meet their care needs

The OCP wants to see that you understand the full financial picture and have a credible plan for managing it.

Step 2: Get the Medical Certificate

A registered medical practitioner — your parent's GP or a consultant psychiatrist — must complete the official OCP Medical Certificate confirming that the patient lacks the capacity to manage their own property and financial affairs.

This is a clinical assessment, not a letter. The doctor charges a private fee, typically £100 to £300. The certificate must be recent and must specifically address the patient's ability to handle financial decisions.

Step 3: Submit the Application to the OCP

Send the complete application bundle to the Patients' Section of the Office of Care and Protection:

• Controller Application form (with full asset inventory and spending proposals)
• Medical Certificate of Incapacity
• Character references
• £326 commencement fee (cheque payable to "NICTS")

The commencement fee is waived if the parent's clear annual income is less than £1,000.

Step 4: Serve Notice on the Patient

After the OCP receives your application, a Notice of Application must be served personally on the parent. This is a human rights safeguard — the patient must be made aware that someone is applying to control their finances.

Critical rules:

• The notice must be served by an independent third party — not the proposed Controller
• The person serving the notice must immediately complete a Certificate of Service and return it to the OCP as proof
• Failure to serve properly will delay the application

Step 5: Security Bond and Appointment

The Master of the High Court reviews the evidence and proposals. If satisfied, the court:

1. Directs the proposed Controller to obtain a security bond — an insurance policy that protects the patient's estate from financial mismanagement. The annual premium is paid from the patient's funds to an approved court insurer
2. Once proof of the bond is filed, the court issues the formal Controller Appointment Order and charges a £189 appointment fee

Step 6: Register the Order With Banks and Institutions

With the sealed Controllership Order in hand, you must send a certified copy to every bank, building society, and pension provider your parent has accounts with. Only then can you access their money.

Step 7: Ongoing Compliance

Controllership is not a one-time process. The court supervises you indefinitely:

• Annual vouched accounts submitted to the OCP documenting every penny of income and expenditure
• Annual administration fee: £407 (funds managed outside court) or £570 (funds held by Court Funds Office)
• Spending limits: you cannot spend £500 or more on a single item without written OCP permission
• Receipt requirements: physical receipts for all transactions over £50
• Security bond renewal: annual premium paid from the patient's estate

How Long Does It Take?

A standard Controllership application takes 4 to 12 months from filing to appointment, depending on the OCP's backlog and the complexity of the estate. During this period, the parent's bank accounts remain frozen unless you can negotiate an interim arrangement with the bank.

What About Small Estates?

If the estate is relatively small or you only need authority over specific payments like direct care costs, a Short Procedure Order may be available. This is a faster, simpler court route — but it is at the OCP's discretion and not suitable for larger or more complex estates.

Get the Full Controllership Filing Guide

The Northern Ireland Enduring Power of Attorney & Controllership Kit includes a Controllership filing checklist, guidance on preparing the asset inventory and spending proposals, and a template for tracking the annual accounts the OCP requires.

See more Northern Ireland guides →