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).
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.
If the deputy doesn’t bank with first direct and they’re registering court of protection, they’ll need to provide us with identification.
Understanding mental capacity
Having mental capacity means you're able to make and communicate your own decisions.
Someone who is lacking mental capacity can't do one or more of the following things:
- 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 example, someone may lack mental capacity if they have one of the following conditions:
- dementia
- a severe learning disability
- a brain injury
- a mental health condition
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 contact you to let you know when it’s registered.