Court of Protection order
A Court of Protection (CoP) order is a legal document that allows a person (the ‘deputy’) to make decisions on the financial or welfare matters of a person (the ‘donor’) who can’t make decisions for themselves at the time these need to be made.
Examples where a Court appointed deputy may be appropriate are:
- Brain injury or illness
- Dementia
- Severe learning disabilities or
- Other situations where a person does not have the mental capacity to make decisions concerning their financial/welfare
We understand that if you need to register a CoP order, this may be a difficult time for you. Our team are here to support you through this process.
Register a Court of Protection Order
To register a Court of Protection Order with us, you’ll need to call our team to notify us, and then mail or email a copy of the Court of Protection order.
We’ve outlined the process for registering a third party here.
FAQs
Deputies are authorised by the Court of Protection in instances where a person has lost mental capacity and require help managing their finances.
Examples where a Court appointed deputy may be appropriate are
- Brain injury or illness
- Dementia
- Severe learning disabilities
- There are many reasons why a person may lack mental capacity. Guidance can be provided by the Office of Public Guardian along with support during the application of a deputy/deputies.
When it comes to court of protection orders, there are two types of deputy.
- Property and financial affairs deputy
- Personal welfare deputy (we do not accept this)
- To set up a deputy on a Zempler Bank account, the individual must be the property and financial affairs deputy.
Being someone’s deputy comes with responsibilities and rules you need to follow. It also requires you to make decisions in the person’s best interests. Read more on your responsibilities as a deputy.
If there’s more than one deputy, you’ll need to set out how you’ll act together to make decisions. We explain the two options available for this below.
Jointly – all deputies will need to be present to carry out actions.Jointly and severally – deputies can act independently, or together.
If a Court of Protection Order is applied to a Zempler Bank account, the deputy is able to:
- have statements sent to their address
- update address details
- add, remove and cancel standing orders and Direct Debits and
- open and close accounts.
If you have concerns about the actions of a deputy, you can contact the Office of the Public Guardian support line. More details can be found at gov.uk/report-concern-about-attorney-deputy.
You can find out how to apply to become a court-appointed deputy and the fees involved on the GOV.UK website. If your application is urgent or an emergency, you can apply for an emergency interim order.
Important information:
- The deputy must be over 18
- A CoP only lasts as long as the donor is alive
- A CoP isn’t like a joint bank account – a deputy won’t have any legal claim to any money.
There are many reasons why a person may lack mental capacity. The Office of Public Guardian can provide guidance on this, along with support during the application of a deputy/deputies