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 it 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.

What we can give deputies

When a deputy registers with Nationwide, they can request:


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

Important:

As Court of Protection Orders are only used when you, the account holder, lack mental capacity, we’ll cancel your card and chequebook. We'll also send statements to the deputy only. We cannot cancel your access to the Internet Bank or Banking app (if you were registered previously).


What deputies cannot do

When acting as a deputy with Nationwide, your deputy cannot:


  • Use or apply for credit 
    We cannot let deputies run up unsecured debt in someone else’s name. This means they cannot apply for credit cards, overdrafts or loans on your behalf. But they 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
    Your deputy can call us to ask questions about the account, but they cannot transact on the phone.
  • Use the Nationwide Banking app
    Deputies cannot use our Banking app yet, but they may be able to use our Internet Bank.
  • Have a card if:
    • The Court of Protection order has restrictions on what they can do with that account. For example, there's a limit to how much money they can access.
    • They’re acting ‘Jointly’ with another deputy. This means they 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.

How your deputy registers 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.

The deputy will need to download and complete a Registration of Court of Protection Order (IF40) form to register the Order 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:

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)

Useful information

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Saturday: 9am - 12pm

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