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 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.

How the Court of Protection Order works

Should the court of protection appoint you as a deputy, it will be your responsibility to make financial decisions on the account holders behalf. The court has strict rules on what the appointed deputies can do.

Cards and chequebooks.

As they are unable to make financial decisions, the account holder’s card(s) will need to be cancelled. To help manage their finances we can provide you with a card. If there is more than one deputy, only one of you can hold a card.

Statements.

When your deputyship is registered with us, you can choose which address you’d like all future mailings to go to. Savings account statements can only be sent to this address. However, current account statements can be sent to more than one address if there is more than one appointed deputy.

Online access

Online banking access can be provided on request.

Safeguarding and security

You must always act in the account holder’s best interests. For their 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 steps below 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 above 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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