Court of Protection solicitors are being reminded that applications must be made online as of next week – with potential costs penalties for those ignoring the directive.

HM Courts and Tribunal Service wrote to practitioners last week confirming that from 4 December, lawyers must submit property and affairs deputyship applications through the gov.uk digital portal. Although litigants in person are also encouraged to apply online, that route will be mandatory only for professional court users.

As revealed in a court user group meeting last month, digital uptake for property and affairs deputyship applications stands at around 88%.

Sharing the letter on LinkedIn, Holly Mieville-Hawkins, head of mental capacity at national firm Michelmores, said: ‘Whilst the vast majority of PA& deputyship applications are online, there is still a significant minority that aren’t. No other CoP applications can be made online yet, so this is new territory for many.’

HMCTS has held webinars to support use of the portal and given targeted support to any lawyers needing help with the transition from paper.

The property and affairs deputyship application process is one of many services across the justice system which have been made digital.  Following a pilot in 2021, the web portal was launched in January 2023: it now processes more than 800 applications per month, of which 91% are from legal professionals and 9% litigants in person.

The court service says that it has enhanced the system this year through a save and return function and extra guidance for how to complete applications.

Practitioners are strongly urged to sign up for payment by account as they will need this to apply through the digital application platform.

 

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