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.

The deputy will need to download and complete a Registration of Court of Protection Order (IF40) form to register the Lasting Power of Attorney with us. If you can’t download or print the form, give us a call on 0800 464 3018 and we’ll post one to you.

Please send us these documents in the post:

  • The completed and signed Registration of Court of Protection Order (IF40) form
  • The original (or a certified copy) of the Court Order.

Our address is:
Power of Attorney Team
Nationwide Building Society,
Swindon
SN38 1NW

About a week after we receive the documents we need, we’ll write to you to let you know that we’ve registered you as the Deputy. If we need more information from you, or proof of ID and address, we’ll write to you to let you know what we need.

Once we’ve registered the Order, we’ll write to the deputy’s chosen address to let them know.

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 revoking, a Court of Protection Order

You'll need to contact the relevant authority where you live if you want to change the Order.

Once an Order has been changed, call us on 0800 464 3018 and we’ll tell you what we need to see so we can update our records.

If a Court Order has been revoked, you need to write to us to let us know. Please send us the Deed of Revocation with your letter. Our address is:

Power of Attorney Team
Nationwide Building Society
Swindon
SN38 1NW

Find out more

Power of attorney helpdesk

0800 464 30 18 (UK)

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Saturday: 9am - 12pm

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