Table of contents
Understanding Court of Protection orders
1. What is a Court of Protection order?
A Court of Protection order can be issued when someone loses mental capacity and there is no lasting power of attorney or enduring power of attorney in existence. Further information can be found at GOV.UK.
2. Who can apply for a Court of Protection order?
If you're a friend, relation 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 you need to visit the GOV.UK website and go to ‘applying to be a deputy’.
Please note: before deciding if a Court of Protection order is right for you, you may want to seek legal advice.
3. 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. You can find out more at GOV.UK.
Registering a Court of protection order with HSBC
1. What documents will I need to register a Court of Protection order?
We'll need to see the full Court of Protection document – either the original, or a certified copy that has been signed and dated by an authorised person (for example, a solicitor or a notary public) at the end of each page to confirm that it's a true and complete copy of the original. We'll also need to see suitable documents for identification and address verification. If multiple deputies are appointed to act 'jointly', every deputy will need to provide suitable identification and address verification. For a list of acceptable documents, please see our help us identify you page.
2. How long does it take to register a Court of Protection order with HSBC?
Once we have all of the information we need, it will be set up within 10 working days.
3. How do I access phone banking?
If you've asked for phone access when registering the Court of Protection order with us, we'll post a letter and phone banking pack to the deputy. This explains how to register for phone access. Once you're registered, you can call us if you're the deputy. You'll need to key in the donor's sort code and account number. Then when prompted, key in:
- your own date of birth
- the digits from your own Telephone Security Number
4. How do I access online and mobile banking?
Once registered for phone banking, the deputy can apply for online banking once the Court of Protection order has been updated in our records. You can apply in one of our branches or by calling us on 03457 404 404.
To find out more about mobile banking.
Please note: we can only give online banking access to one party at a time (either donor or deputy).
5. How will I know when the Court of Protection order is registered with HSBC?
We'll confirm this in a letter to the deputy - or the main deputy if there's more than 1.
6. How can I register a Court of Protection order with HSBC?
For full instructions on how to register your Court of Protection order, please visit our registration page
7. How do I get my documents certified if I live in the UK?
You'll need to ask a professional person (solicitor or notary) to certify your documents.
Ask your chosen certifier to write the following on the document they're certifying:
'I, <full name of certifier> confirm that this is a true copy of the original document for <full name of customer>.'
Each document must also include:
- certifier's signature and full name - they need to sign as an individual not a company
- certifier's occupation, company, professional address and phone number, ideally on letter headed paper
- certifier's professional registration number, if they have one
- date of certification
It's important each document contains this information as we might be unaable to accept them without it. The person signing the document must be active in the profession and can't be a relative, friend or someone who lives at your address. We may contact them for verification.
8. I live in the EU. How do I get my documents certified?
Ask one of the possible certifiers below to write the relevant statement on each of the documents they verify. If any of the documents is more than 1 page long, ask the certifier to write the statement on the first page and sign any subsequent page.
We can only accept the following certifiers, who must be registered, active and based within the EU:
- those working for financial institutions
- lawyers
- solicitors
- notaries
Next, ask your chosen certifier to write this on the document they're certifying:
For documents that contain a photo:
I (full name of certifier) confirm that this is an accurate copy of the original and the photo is a true reflection of the applicant.
For documents that don't contain a photo:
I (full name of certifier) confirm that this is a true copy of the original document for (full name of customer).
Each document must also include:
- certifier's signature and full name, they need to sign as an individual not a company
- certifier's occupation, company, professional address and phone number, ideally on letter headed paper
- certifier's professional registration number if they have one
- date of certification
It's important each document contains this information as without it we may not be able to accept them. The person signing the document must be active in the profession and can't be a relative, friend or someone who lives at your address. We may contact them for verification.
Please remember your documents must:
- be a certified true copy
- be in English or a certified translation to English
- certification and translation must be completed by the same person
- date of certification must be within the last three months
- not be an online or branch print out
- show your full name (not initials) and address matching your application
The same document cannot be used twice to verify identify and address, so separate documents must be used to meet the regulations and the HSBC criteria.
9. I live outside the UK and the EU. How do I get my documents certified?
You'll need to contact one of the following:
- your local bank - explain that you're asking because you're resident in a country or region of equivalent jurisdiction to the UK. If you're not sure whether your country or region of residence is of equivalent jurisdiction to the UK, please get in touch with our team on 03457 404 404. If you're a Premier customer, please call 03457 70 70 70
- the UK Embassy or Consulate where a certification service is provided. To find out more, visit GOV.UK
- a lawyer, solicitor or barrister in your country or region of residence or one from the list provided by the UK Embassy
Next, ask your chosen certifier to write this on the document they're certifying:
For your documents that contain a photo:
I [full name of certifier] confirm that this is an accurate copy of the original and the photo is a true likeness of the person concerned.
For your documents that don't contain a photo:
I [full name of certifier] confirm this is an accurate copy of the original.
They should also write:
- their signature and full name, printed on the document
- their occupation, company (or professional) address and phone number
- their professional registration number (if they have one)
- the date of certification
Troubleshooting and more help
1. I'm having trouble activating my new debit card. What should I do?
When you call to activate your card, please enter the donor’s date of birth and not your own to complete the activation.
2. What happens if the donor dies?
The Court of Protection order is revoked (cancelled) and the deputy’s authority is cancelled.
3. What happens if the Court of Protection document contains restrictions?
We need to comply with restrictions in the order. This may mean that the deputies cannot access all of our services, such as phone banking, online banking, mobile banking or a debit card. It may take longer to register with us because we may need more information.
4. What happens if a replacement deputy needs to act?
Please refer to the GOV.UK for further guidance.