This section deals with the procedure for making an application for the appointment of a Deputy under the Mental Capacity Act for a person who lacks mental capacity in the Family Justice Courts (FJC) with effect from 1 January 2015. The procedure in this section also applies to proceedings commenced before 1 January 2015, provided the matters are heard in the FJC. The information in this section does not cover the procedure that applies if your case is in the High Court, or had commenced before 1 April 2006.

The information provided below is general in nature and is not intended as legal advice. The FJC cannot provide legal advice or assist with drafting the contents of any document.

References to legislation:

Applying for the appoint of a Deputy under the Mental Capacity Act for a person who lacks mental capacity.

Simplified application process

In addition to the standard application process described above, the FJC has also introduced a simplified application process for certain categories of applications.

This simplified process can be access via the FJC’s iFAMS portal at

Once you have accessed the system, if the application that you wish to file falls within the categories covered by this simplified process, you may proceed with your application.

The simplified process is as follows:

  • get P's doctor doctor to file a medical report confirming that P lacks mental capacity (P’s doctor can do this via iFAMS.);
  • after the medical report has been filed, the Applicant should file his/her application for appointment of a deputy for P via iFAMS);
  • if there are any questions or further documents required, the Applicant will be notified via e-mail; and 
  • once the Court grants an Order, this Order will be sent to the Applicant via e-mail.

Development work on this new system is ongoing and more categories of applications will be added in the near future.