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Court of Protection order

The Court of Protection (COP) makes decisions on financial or welfare matters for those who can no longer do so themselves.

A Court of Protection order is usually introduced if the person needing help has lost mental capacity and they don’t have a power of attorney. The COP can authorise deputies to make decisions on behalf of the person needing help (the donor).

If the deputy doesn’t bank with first direct and they’re registering court of protection, they’ll need to provide us with identification.

The application can be a lengthy process, and the proposed deputy will need to apply to the court, rather than the person needing the help. The court is there to protect and safeguard those who can no longer manage or look after their own affairs.

Understanding mental capacity

Having mental capacity means you're able to make and communicate your own decisions.

Someone who’s lacking mental capacity could be suffering from an illness or living with a disability, meaning they can’t do one or more of the following:

Understand information given to them about a particular decision.
Retain information long enough to make a decision.
Weigh up information to make a decision.
Communicate their decision.

For more information on understanding mental capacity, see www.nhs.uk Opens an overlay [Will show a security message first].

How to register a Court of Protection order

Step 1 - get everything ready
You'll need the original or a certified copy of the Court of Protection order

You’ll also need:
• the full name and contact details of any deputies
• the donor’s full name

Step 2 - call us
Give us a call on 03 450 511376.

We'll gather all the information we need from you and let you know which documents to send us.

Step 3 - send us your documentation
Next, send us any documentation we've asked you for.

Step 4 – registration
Once we’ve received your documents, the Court of Protection order will be registered.

We’ll send you a letter to let you know when this is done.

FAQs

Who can apply for a Court of Protection order?

If you're a friend, relative or know someone who has lost their mental capacity, you can apply to the Court of Protection to become their deputy.

To apply for a Court of Protection order visit gov.uk Opens an overlay [Will show a security message first]. You may want to seek legal advice before applying.

What is a deputy?

A deputy is a person appointed by the Court of Protection to manage the affairs of someone who lacks the mental capacity to manage their own affairs.
Find out more at gov.uk Opens an overlay [Will show a security message first]

What account information can you give me to help with my Court of Protection application?

We give information to the Office of the Public Guardian, not to solicitors, friends or relatives who are preparing an application. So unfortunately, we can't give you any details about a customer's account unless you are a signatory to that account.

What information can you give the Court of Protection or the Office of the Public Guardian about the way I'm managing the account as a deputy?

The court may carry out periodic audits of a donor's bank accounts to ensure that the deputy is managing the customer's assets in accordance with the court order. If the Court of Protection or Office of the Public Guardian request specific information from us, we will always respond to the request.