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

The Court of Protection will appoint a “deputy” to manage the account holder’s finances. It is the deputy's responsibility to make financial decisions on the account holders behalf. The Court has strict rules on what the appointed deputy can do.

Cards and chequebooks.

As you will not be able to manage your finances your cards will be cancelled. We can provide one deputy with a card. If more than one deputy is appointed only one can hold a card.

Statements.

When the deputyship is registered with us, the deputy can choose which address they’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 to your deputy on request.

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.

How your deputy registers the Court of Protection Order with us

When the Order has been made by 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.

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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