Court of Protection

Looking to register a Court of Protection order with first direct to help manage someone’s account? We’re here to help.

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What is a 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).

 

The application can be a long 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.

What do we mean by 'mental capacity'?

Having mental capacity means that someone is able to make and communicate their 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 head to nhs.uk.

What can a deputy do?

  Court of protection
Manage donor's accounts if mental capacity is lost Court of protection✓
Hold a debit card Court of protection✓
Issue cheques / make payments (eg bills) / use an ATM Court of protection✓
Pay in cash/cheques at an HSBC UK branch with a counter, Post Office® or Multi-Bank ATM deposit machine** Court of protection✓
Order a chequebook / credit card* Court of protection✓
Order a replacement debit card / PIN Court of protection✓
Order a statement Court of protection✓
Manage standing orders and Direct Debits Court of protection✓
Use phone banking Court of protection✓
Use online banking* Court of protection✓
Use our App* Court of protection✓
Change donor's address Court of protection✓
Apply for ISAs Court of protection✓
Open / close accounts on behalf of the donor Court of protection✓
Discuss the donor's accounts Court of protection✓
Sign a mortgage loan agreement eg for a rate change (no additional borrowing can be taken) Court of protection✓
Arrange an overdraft Court of protectionX

*Conditions Apply

**At an HSBC branch with a counter and Banking Hubs, you can pay in over the counter. You won't be able to use the self-service machines.

How to register a Court of Protection order with first direct

Before we start, you should know that only the appointed deputy or deputies can register the Court of Protection order. If there’s more than one appointed deputy and you’re acting jointly, we’ll need to speak to all parties together.

 

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

 

2. Call us

 

Give us a call on 03 450 511 376. We’re available Monday to Friday 8am-10pm, and Saturday and Sunday 8am-7pm.

 

3. Send us your documents

 

Send us any documents we’ve asked for.

 

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.

You may also be interested in...

Managing someone else's money

Visit our hub page which covers the different types of third-party access that can be registered with first direct to give another person (a third party) access to support you with your banking. 

There are a number of ways to do this, from simple access and a bit of support, to granting someone power of attorney.
Learn about managing someone else's money

Third-party mandate

A third-party mandate is an agreement between first direct and our customer, which gives someone else (a third party) limited access to our customer’s bank account.

No legal document is required for this, but you must have mental capacity when a third-party mandate is used on your account.

Find out how to set up a first direct third-party mandate and what this allows you to do by visiting our dedicated page.
Learn about third party mandate

Power of Attorney

A Power of Attorney is a legal document that someone can arrange, which allows a third party to manage their finances if they’re unable to do so. 

This gives you more control over what happens to them and their finances in advance, in case they have an accident or an illness and need support with their banking.

Find out more about what a Power of Attorney can do and how to register one with us by visiting our dedicated page.
Learn about Power of Attorney

Frequently asked questions

How we'll use your information
 

We’ll use the personal information of any appointed attorneys and that of the donor to register the Power of Attorney. If we're required to use this data for any other related purposes, this will be in line with legal and/or regulatory requirements. For more information about how we use your information and your rights please read our Privacy Notice. If you provide information for another person (eg an attorney), you’ll need to direct them to this notice.