Make an urgent or emergency application to the Court of Protection
You can apply to the Court of Protection to get an urgent or emergency court order in certain circumstances, for example when someone’s life or welfare is at risk and a decision has to be made without delay. If the court agrees, you’ll be able to make the necessary decision on behalf of the person who lacks mental capacity.
You will not get a court order unless the court decides it’s a serious matter with an unavoidable time limit.
Apply for an urgent interim order
You can get an urgent interim order if you’re applying to become a deputy but your application has not been approved yet.
If your application is approved, you can make a decision on the other person’s behalf.
The order must be for a specific one-off decision that needs to be made without delay, for example to get money from the person’s bank account to pay outstanding nursing home fees.
There’s no fee for an urgent interim order application.
If you’ve already submitted your application to become a deputy
Download and fill in an application notice (COP9). Include an explanation of why the decision is urgent and cannot wait until you’re appointed deputy. Send the original and one copy to the court.
You must also send copies of any evidence, for example accounts or an invoice from a nursing home, together with your application notice.
If you have not submitted your application to become a deputy
When you apply to become a deputy, make sure you:
You must also include copies of any evidence, for example accounts or an invoice from a nursing home, together with your application.
You must pay a fee when you apply.
Apply for an emergency order
You can make an emergency application to the Court of Protection if you need a court order for a decision in a very serious situation and there’s an immediate risk to the person. For example, to give them treatment for a serious medical problem they are unable to consent to.
An urgent business officer will discuss the matter with you and arrange to receive your application so it can be considered by a judge.
If you’re making an application out-of-hours
If you need to make an emergency application when the Court of Protection is closed, you can contact the out-of-hours emergency number.
If you need more information about making an application
Contact the helpline if you have a general enquiry - for example about the process, fees or an existing application.
If your application is about someone’s personal welfare (Section 16 applications)
Contact the regional hub you’re in if your application is about where someone’s living or their day-to-day care. Contact the Court of Protection for anything else, including serious medical treatment.
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