# PA14, Deputyship and Court of Protection | Nellie Supports

Source: https://www.nelliesupports.com/guides/pa14-deputyship-and-court-of-protection-how-they-connect

Canonical: https://www.nelliesupports.com/guides/pa14-deputyship-and-court-of-protection-how-they-connect

Written by: Ben Slater

Source review by: Kerry Slater

Source review recorded: 2026-07-19

# PA14, deputyship and Court of Protection: how they connect

PA14 is probate capacity evidence; COP3 supports a Court of Protection application; a deputy’s authority comes from the court’s order. These routes may overlap, but a PA14 certificate does not automatically require deputyship or allow an attorney or deputy to take a grant.

## Author and Publication

Author: Nellie Supports Ltd

Publication Date: 15/05/2026

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## Citation

The Non-Contentious Probate Rules 1987, SI 1987/2024. Available at: [https://www.legislation.gov.uk/uksi/1987/2024/contents](https://www.legislation.gov.uk/uksi/1987/2024/contents)

## Copyright

Copyright © 2026 Nellie Supports Ltd. All rights reserved.

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This article is made available for general information, education and professional reference. It may be downloaded, printed and shared for non-commercial purposes, provided that it is reproduced in full, is not altered in any way, and is properly cited as the work of Nellie Supports Ltd. This material must not be edited, adapted, sold, republished, incorporated into commercial products, or used for commercial training, assessment, report-writing or advisory services without prior written permission from Nellie Supports Ltd.

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This article does not constitute legal advice, clinical advice or a substitute for a decision-specific professional assessment. Where legislation, government guidance, court forms or external professional materials are referred to, those materials remain subject to their own copyright, licensing and re-use terms.

## Abstract

PA14 is probate capacity evidence; COP3 supports a Court of Protection application; a deputy’s authority comes from the court’s order. These routes may overlap, but a PA14 certificate does not automatically require deputyship or allow an attorney or deputy to take a grant. This guide covers the relevant evidence, support, process and limits in England and Wales.

## What is on this page

- [Contact](https://www.nelliesupports.com/guides/pa14-deputyship-and-court-of-protection-how-they-connect)

- [Overview](https://www.nelliesupports.com/guides/pa14-deputyship-and-court-of-protection-how-they-connect)

- [Frequently Asked Questions](https://www.nelliesupports.com/guides/pa14-deputyship-and-court-of-protection-how-they-connect)

- [Related Pages](https://www.nelliesupports.com/guides/pa14-deputyship-and-court-of-protection-how-they-connect)

PA14 is probate capacity evidence; COP3 supports a Court of Protection application; a deputy’s authority comes from the court’s order. These routes may overlap, but a PA14 certificate does not automatically require deputyship or allow an attorney or deputy to take a grant. Confirm the probate route before deciding whether wider authority over the person’s own affairs is needed.

## Three regimes, one person

PA14 gives probate capacity evidence, a deputy holds powers granted by a court order and the Court of Protection decides applications within its jurisdiction. The OPG supervises deputies. These roles can overlap in one person’s circumstances without forming a compulsory sequence.

## The PA14's job and its limit

PA14 supports a probate application involving a person entitled to a grant who lacks relevant capacity. It does not appoint a substitute, authorise general management of their affairs or determine how an inheritance must be held. Those questions depend on the probate rules, existing powers and circumstances.

## What a deputy is and when one is needed

A deputy is appointed where the court considers that ongoing authority is needed and in the person’s best interests. The powers are those in the order; a one-off decision or an existing power may sometimes be sufficient instead. COP3 supplies capacity evidence and does not itself confer authority.

## Plan connected questions without assuming a fixed sequence

Identify the probate entitlement and any separate need to manage the person’s own affairs or inheritance. The applications may be coordinated where appropriate, but PA14 does not automatically lead to deputyship. Seek advice about lawful interim arrangements and receipt of funds.

## Where an LPA changes the map

Rule 35 sets an order: a person authorised by the Court of Protection to apply; if none, a lawful attorney under a registered EPA or LPA; then the person entitled to the residuary estate, subject to the rule and any direction. It also addresses people entitled in the same degree and permits a judge or registrar to direct another grant. Unless the applicant is the person specifically authorised by the Court of Protection, notice of the intended rule 35 application must be given to that court.

## Shared evidence, separate questions

Evidence may overlap, but capacity for the estate role and the person’s own affairs must be addressed separately where both matter. Agree whether one assessment can provide sufficient evidence for each required form. A PA14 certificate is not a substitute for COP3 or the court’s decision.

## Who does what, and in what order

Identify the people entitled under the probate rules, the relevant capacity concern and any powers or orders. Obtain the required assessment from a suitable professional and comply with notice or directions. Scope a wider Court of Protection application only where it is needed, with its own evidence and timetable.

## Fees, timing and alternatives

Assessment, probate and court processes can involve fees and different timescales. Confirm current costs and whether a one-off order, existing attorney or another probate route is appropriate. Avoid treating the absence of an LPA as a personal failure or assuming that an LPA would resolve every estate issue.

## Key takeaway

Keep evidence and authority distinct. PA14 supports the probate process, COP3 supports a court application and the grant or order establishes the relevant authority. Check the actual entitlement and powers, and assess each material decision with support.

## Frequently asked questions

### Does a diagnosis automatically mean someone lacks capacity?

No. A diagnosis does not establish lack of capacity. For a decision under the Mental Capacity Act, consider the relevant information and practicable support, then assess understanding, retention, use or weighing and communication by any means. Any inability must be caused by an impairment of, or disturbance in the functioning of, the mind or brain. Will-making has its own legal test.

### What evidence is useful for PA14 Probate Mental Capacity Assessment?

Supply relevant estate documents, capacity and support evidence and any powers or court order. HMCTS lists eight eligible categories for PA14: registered medical practitioner, registered psychiatrist, registered approved mental health professional, registered social worker, registered psychologist, state registered nurse, state registered mental nurse and registered occupational therapist. Eligibility for this form does not establish competence for every case or authority to sign other certificates.

### When is a formal assessment for PA14 Probate Mental Capacity Assessment useful?

One appointment may cover related questions if each receives its own relevant information and reasoning, but do not assume PA14 and deputyship must always be commissioned together. A person may lack capacity for the estate role while retaining other financial decisions.

## Related mental capacity assessment pages

The related guides below provide further explanation of the decisions, evidence and legal processes discussed here.

### PA14 Probate Mental Capacity Assessment

### PA14 evidence where property and affairs capacity is in question

### What is a PA14 probate mental capacity assessment?

### Read guide

## Practical next steps

Check the probate entitlement, existing powers and any court order with a probate practitioner. Scope each capacity question separately and confirm the eligible PA14 author, any Court of Protection notice and whether a deputyship application is actually needed.

## Primary sources and official guidance

[Mental Capacity Act 2005](https://www.legislation.gov.uk/ukpga/2005/9/contents)

[Mental Capacity Act Code of Practice](https://www.gov.uk/government/publications/mental-capacity-act-code-of-practice)

## Related information

- [Mental Capacity Assessment to Revoke a Lasting Power of Attorney](https://www.nelliesupports.com/lasting-power-of-attorney-services/revoke-lpa)
- [NHS Continuing Healthcare Support](https://www.nelliesupports.com/services/continuing-healthcare)
- [CHC Appeal Application: Drafting and Submission](https://www.nelliesupports.com/services/continuing-healthcare/chc-appeal-application)

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