Court of Protection Order
The Court of Protection (in England and Wales) protects the rights of people who do not have mental capacity. When a person who does not have mental capacity has not made, or is not capable of making, a Power of Attorney, the Court of Protection can decide who can handle that person’s affairs.
Usually a close friend, family member or someone else who can be trusted applies to the Court of Protection for a court order to appoint a ‘deputy appointment’. The court order will set out what decisions the deputy can make on behalf of the person who does not have mental capacity (for example, it might say that decisions can only be made about that person’s pension or mortgage).
- There are two types of a Deputy, one for Property and Financial Affairs and one for Health and Welfare.
- The Court Order will need to allow the Deputy to operate the Donor’s accounts with the Bank.
- It can be used for minors under 18 years of age who are born with brain damage or with a physical or mental disability.
- Cynergy Bank must obtain evidence of security being paid.
- It will be automatically revoked upon notification of the Donor’s death.
You can visit the Court of Protection website for more information. We also recommend that you seek legal advice for assistance with the process of being appointed as a deputy.
Please click here to return to the main page to see what other requirements need to be met.