Applications to the Court of Protection: The Notification Process

The Court of Protection is unable to make a Deputyship order unless the appropriate notification process has been followed by the applicant.

Once an application has been lodged with the Court it will be issued and returned to the applicant bearing the stamp of the Court. The applicant is given 14 days to notify the individuals listed at section 5 of the COP1 application form that the application has been issued by the Court and must also notify the incapacitated person “P” as part of this process.

Court of Protection Practice Direction 9B states that “the applicant must seek to identify at least three persons who are likely to have an interest in being notified that the application has been issued”. This may include relatives of the protected party or anyone involved in caring for them or interested in their welfare. The applicant may decide not to notify a particular relative if they have little or no involvement in the protected party’s life.

The protected party must be notified that proceedings about them have been issued in the Court of Protection. Where the protected party is under the age of...

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