Deputyship Order for Dementia in Wales: Cost, Process, and What to Expect

When Deputyship Becomes Necessary

If a parent with dementia has not registered a Lasting Power of Attorney and has now lost the mental capacity to sign one, the family has no automatic legal authority to manage their finances, access their bank accounts, redirect their pension, or make decisions about their care placement.

Next of kin means nothing in legal terms in England and Wales. A son or daughter cannot walk into a bank with a utility bill and their parent's debit card and get access to the account. The only route at this point is applying to the Court of Protection for a deputyship order.

Deputyship is the legal fallback when the LPA window has closed. It achieves a similar outcome — granting someone the authority to act on behalf of a person who lacks capacity — but through a court process rather than a personal decision by the donor.

The Application Process

You need two core forms. The COP1 is the main application form that identifies the proposed deputy, describes the person's circumstances, and explains what powers are being sought. The COP3 is a capacity assessment completed by a medical professional — typically the parent's GP, a psychiatrist, or a psychologist — confirming that the person lacks the mental capacity to make the relevant decisions.

Getting the COP3 completed can take several weeks depending on GP availability. Book the appointment early because this is frequently the bottleneck in the timeline.

You also need to notify the person themselves and their closest family members that the application is being made. This is a formal requirement — the court sends notification forms that must be served on specified individuals, giving them an opportunity to object.

Once submitted, the Court of Protection reviews the application. If no one objects and the paperwork is in order, the court issues the deputyship order. The typical timeline from submission to order is six to twelve months, though straightforward cases with no objections can be faster.

Costs

The Court of Protection application fee is £432 as of July 2026. If the case requires a hearing, there is an additional hearing fee of £266. The COP3 capacity assessment may involve a separate fee from the professional completing it.

Fee remissions may be available in some circumstances; check the current HMCTS guidance.

On top of the application costs, there are ongoing annual fees. The Office of the Public Guardian charges an annual supervision fee to oversee the deputy's management of the person's affairs. The amount depends on the supervision level assigned.

The deputy is also required to take out a security bond, which is an insurance policy that protects the person's assets if the deputy mismanages funds. The annual premium depends on the value of the estate being managed.

Ongoing Obligations

Deputyship is not a one-time application. The OPG actively supervises deputies. This means filing detailed annual financial accounts showing every transaction made on behalf of the person — income received, bills paid, care fees, and any other expenditure.

The accounts must demonstrate that every financial decision was made in the person's best interests. Spending on the deputy's own expenses, gifts to family members, or investment decisions that carry risk will be scrutinised.

Deputies who fail to file accounts on time or whose spending raises concerns can be investigated by the OPG, and in serious cases, the court can revoke the deputyship order.

Deputyship vs LPA: The Cost Comparison

The total cost of an LPA is £92 per form (£184 for both Property and Financial Affairs plus Health and Welfare), with the process completed in 16 to 20 weeks and no ongoing supervision fees.

Deputyship costs more than an LPA because it includes court and medical costs, takes six to twelve months, and carries ongoing annual supervision and bond fees.

This cost differential is one of the strongest arguments for setting up LPAs at the earliest possible stage after a dementia diagnosis — or even before one, as a standard part of later-life planning.

The Wales Dementia Care Guide includes a deputyship cost estimator that models the total expense over projected years, alongside step-by-step instructions for both the LPA and deputyship routes.

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