Court of Protection Order

What happens when someone is unable to appoint or manage an attorney

If a family member or friend can no longer make decisions for themselves, it can be a difficult time for you. If no lasting power of attorney is in place, the Court of Protection may need to appoint a deputy to act on their behalf. 

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

The Order is a legal document from the Court of Protection that appoints someone to make decisions on an account holder’s behalf due to their loss of mental capacity. The Court will decide who to give the responsibility to and what they can do.

Is the Court of Protection the same across the UK?

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

Who can 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.

What we can give deputies

When you register as a deputy with Nationwide, you can request:


  • A chequebook
    We’ll give you a chequebook and cancel the account holder’s chequebook.
  • A card
    We’ll give you a card and cancel the account holder’s card.
  • Account statements
    Current accounts: we can send the statements to one or more deputies.
    Savings accounts: we can send statements to one deputy only.
  • Online access
    We may be able to give you and the account holder, or just one of you, access to the Internet Bank. You will need:
    • An account with us that’s eligible for Internet Bank access. If you don't already have Internet Bank access set up on your own accounts, we can set this up for you as part of the registration process.
    • A Court of Protection Order that doesn't include restrictions on what you can do. For example, limits to which accounts or how much money you can access.
    • A UK address when you register the Court of Protection Order.
    • To be personally named as a deputy in the Court of Protection Order.
    • To not be acting 'jointly' with another deputy. This means you have to make decisions together.
    • To not be acting on behalf of someone with a Nationwide joint account. If this is the case, you need to manage all of their accounts in branch.

Important:

As the account holder lacks mental capacity, we’ll cancel their card and chequebook. We'll also send statements to you, the deputy. Unfortunately, we cannot cancel their access to the Internet Bank or Banking app (if they were registered previously). 


What deputies cannot do

When acting as a deputy with Nationwide, you cannot:


  • Use or apply for credit 
    We cannot let deputies run up unsecured debt in someone else’s name. This means you cannot apply for credit cards, overdrafts or loans. But you can pay off existing debt and manage mortgage payments.
  • Access all types of accounts 
    We cannot register deputies on the following savings accounts: Treasurer’s Trust, PortfolioInvestor, Business Investor or Child Trust Fund.
  • Use telephone banking for payments or transfers
    You can call us to ask questions about the account, but deputies cannot transact on the phone. 
  • Use the Nationwide Banking app
    Deputies cannot use our Banking app yet, but you may be able to use our Internet Bank.
  • Have a card if:
    • Your Order document has restrictions on what you can do with that account. For example, there’s a limit to how much money you can access.
    • You’re acting ‘Jointly’ with another deputy. This means you have to make decisions together.

Safeguarding and security

Your deputy must always act in your best interests. For your protection, we may sometimes refuse transactions or contact the Office of the Public Guardian to discuss them.

Registering the Court of Protection Order with us

When the Order has been made by the Court of Protection, it then needs to be registered with us before it can be used to manage any Nationwide accounts. You need to follow the following steps to complete the process.

Find your 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 you need access to.
  • Proof of ID and address. You can’t use the same document to prove both your name and address.

When we receive the items from step 2, we’ll send a letter to the address you gave us during your appointment to confirm that the 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 you apply for the Order and there are annual supervision fees to be paid. These costs vary depending on circumstances, and there may be discounts or exemptions.

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.

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

Find out more

Power of attorney helpdesk

0800 464 30 18 (UK)

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Saturday: 9am - 12pm

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