Third-party access

A power of attorney (POA) is a legal document that gives you (the ‘attorney’) the authority to make decisions on someone else’s behalf (the ‘donor’). What you can and can’t do may depend on the account holder’s ability to make their own decisions.

Important information

• The account holder can have more than one attorney
• You as the attorney will need to have a credit check
• Depending on the type of power of attorney, it may need to be registered with the authorities
• Instructions and preferences, including when and how you can act, can be added to the document
• The account owner can cancel the power of attorney at any time.

There are different types of power of attorney, and you can set up more than one.

This covers decisions about the account holder’s financial affairs. It’s typically used to cover for a temporary period such as a hospital stay or holiday, or if they’re finding it hard to get to a store and want you to act for them.

An ordinary power of attorney is only valid while the account holder has the mental capacity to make their own decisions.

If the account holder wants to set up an ordinary power of attorney they should contact their local Citizen’s Advice or get advice from a solicitor, as there’s a standard form of wording that must be used.

Important information

• The account holder can have more than one attorney
• You as the attorney will need to have a credit check
• Depending on the type of power of attorney, it may need to be registered with the authorities
• Instructions and preferences, including when and how you can act, can be added to the document
• The account owner can cancel the power of attorney at any time.

Enduring power of attorneys were replaced by lasting power of attorneys (LPAs) in October 2007. However, if the account holder made and signed an enduring power of attorney before 1 October 2007, it may still be valid. An enduring power of attorney covers decisions about the account owner’s property and financial affairs, and it comes into effect if they lose mental capacity, or if they would like you to act on their behalf.

This is typically used to give someone chosen by the account owner the legal authority to make decisions for them, and comes into effect if the account owner loses mental capacity, or no longer wants to make decisions for themselves. They could set up a lasting power of attorney if they want to make sure they’re covered in the future.

A lasting power of attorney can cover decisions about the account owner’s financial affairs, health, or care.

For us to accept the account owner’s authority for you to act as their attorney, the power of attorney must be one that covers property and financial affairs.

A lasting power of attorney for financial affairs can be used to cover things such as investing money, paying bills, buying and selling property, paying a mortgage and arranging repairs to property.

Once appointed, you can start making decisions while the account owner still has mental capacity, as long as:

• the lasting power of attorney says this can happen AND
• the account owner gives permission.

Otherwise, you can only start making decisions when the account owner no longer has mental capacity.

The account owner can restrict the types of decisions you can make, or let you make all decisions on their behalf.

A lasting power of attorney is completed by contacting the Office of the Public Guardian to request the relevant forms. These can be downloaded or filled in online.

Please note a lasting power of attorney must be registered with the Office of the Public Guardian, and there is a fee to pay for this. 

Important information

• The account holder can have more than one attorney
• You as the attorney will need to have a credit check
• Depending on the type of power of attorney, it may need to be registered with the authorities
• Instructions and preferences, including when and how you can act, can be added to the document
• While the account owner still has mental capacity they can cancel the power of attorney at any time.

The Court of Protection (CoP) makes decisions on financial or welfare matters for people who can no longer do this for themselves due to mental incapacity, and have no power of attorney in place. The Court of Protection can appoint someone as a ‘deputy’ to make decisions on someone’s behalf, and you can apply to the CoP for a court order to be appointed as a deputy.

There are several reasons people may lack mental capacity – for example, they may have:

• a serious brain injury or illness
• dementia
• severe learning difficulties.

The process of applying to become someone’s deputy can take a while, as the court has to make sure they’re safeguarding people who can no longer manage or look after their own affairs.

Government information on how to apply to be a deputy

Important information:

• The account owner can have more than one deputy
• You as the deputy will need to have a credit check
• Once appointed, you will have complete control of the person’s bank accounts.

An account owner can appoint someone to receive their Department for Work and Pensions (DWP) state benefits on their behalf, with a joint account that you both have full access to, including a debit card and Online Banking.

Important information:

• You, person appointed, must be over 18
• There can only be one person appointed
• This can be a Cash Account or a Current Account
• Only benefits can be paid into the account
• You will need to have a credit check and be approved by the DWP before we can open the account.