Court of Protection Order

What happens when you're unable to appoint or manage an attorney

If there comes a time when you can no longer make financial decisions for yourself, it can be a difficult time for your family. If no Lasting Power of Attorney is already in place, the Court of Protection may need to appoint a deputy to act on your behalf. 

What is a Court of Protection order, and how is set up?

The order is a legal document from the Court of Protection that appoints someone to make decisions on your behalf due to your loss of mental capacity. The Court will decide who to give the responsibility to.

Is the Court of Protection the same across the UK?

No, it isn’t. It varies depending where you live.

Who will the Court of Protection appoint?

Usually this will be a family member, close friend or trusted person. The court may appoint more than one. They can make decisions separately, or jointly, depending on the court ruling. The Government have published some helpful guidance.

How the Court of Protection Order works

Whoever the Court of Protection appoints, their job is to make financial decisions on your behalf as agreed by the Court. The Court has strict rules on what they can do, and keeps track of all the money they spend. You can read more about the responsibilities of:

How your deputy registers the Court of Protection Order with us

When the Order has been registered with the Court of Protection it can used to manage accounts – but only once it has also been registered with us. Your deputy needs to follow the steps below to complete the process.

Find their nearest branch to register a Court of Protection Order with us.

  • The original or a certified copy of the court order
  • A list of all the accounts they need access to
  • Proof of ID and address. Your third party can’t use the same document to prove both their name and address.

When we receive the items above we’ll send a letter to your deputy's chosen address to confirm that your Court of Protection Order has been set up.

How much does the Court of Protection Order cost?

There are fees payable to the Court of Protection when the Order is applied for, and there are annual supervision fees to be paid. These costs vary depending on circumstances, and there may be discounts or exemptions. We don't charge anything to register a Court of Protection Order at Nationwide.

Fees differ depending on where you live in the UK and who you apply to:

Making changes to or cancelling a Court of Protection Order

You'll need to contact the relevant authority where you live if you want to change the Order – for example, changing a name or address or closing an account.

Once the changes or cancellation has happened, you must let us know by taking a letter into branch.

Safeguarding your accounts

We may sometimes check transactions where we're concerned about them, such as large withdrawals or where there are a lot of withdrawals in a short space of time. These checks may mean we refuse transactions or contact your deputy, guardian or controller about them.

Want to learn more about how we tackle fraud?

Find out more

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Power of Attorney Helpdesk
0800 464 30 18
(Mon to Fri: 9am - 5pm; Sat: 9am - 12pm).