Power of Attorney

There are different types of PoA, and you might want to register more than one.

Ordinary Power of Attorney

This can also be referred to as a General Power of Attorney. It can be used on a temporary basis while the person can still make their own decisions. It can cover a hospital stay or holiday. It can also be used if the customer finds it hard to get to a branch. This document needs to be at least 1 page long, with all signatures witnessed.

Lasting Power of Attorney

This can also be referred to as an Enduring Power of Attorney (used before 2007 in England and still in use in Northern Ireland) or a Continuing Power of Attorney (in Scotland).

These are typically used to give someone legal authority over your money in case you lose your mental capacity. They can also be used when you still have mental capacity. You can register one now with the Office of the Public Guardian (OPG), or plan for it to come into effect at a future date.

Once we receive a document, we will register the Power of Attorney on the account(s). If the document states that it can only be registered when the customer has lost capacity, we will take this as confirmation that the customer has lost capacity and remove their access.

A Lasting PoA for property and financial affairs is a document that’s at least 11 pages long. It needs an OPG stamp and to be signed by our customer and the attorneys. Or, you can provide the OPG access code if you have one.

OPG access codes expire after 30 days. So, please make sure that it won’t expire within 5 working days of your application.

An Enduring PoA, registered with the OPG or Court of Protection, is a document that’s at least 4 pages long. Part A, part B, part B continued, part C and part C continued of the form must be filled in. The form also needs to be signed by the customer and all attorneys, with the signatures witnessed.

Court of Protection Order (Deputyship)

This is referred to as a Guardianship in Scotland or Controllership in Northern Ireland.

These are used if you lose mental capacity and haven’t previously set up a Lasting PoA (or equivalent). It allows the courts to appoint someone to make decisions on your behalf. This document is usually 2 pages long with an official court stamp.

To view the relevant government page, head to the bottom of this page.

If you’d like help setting up a PoA, you can talk to Irwin Mitchell. They can give you advice and information. If you’re a personal account customer of ours you get a preferential rate. Take a look at Irwin Mitchell’s website to learn more.

• An attorney must always act in the best interests of the customer they’re supporting. They can’t make the credit position of the customer worse.
• If there is one attorney, or the attorneys are joint and several to act, then they can have their own debit card, use digital, telephony or post channels and can transact in branch. If access is joint, all attorneys must attend branch together or sign together and can't access the account in any other way. 
• You can have restrictions or preferences in your PoA document. It’s up to the account holder (donor) and the attorneys to make sure they act in line with them. They’ll also need to make sure they keep us up to date with any changes in circumstances. We can’t act on or impose any restrictions.
• Attorneys will receive correspondence (for example, statements) for the account owner from the point of registration.
• If you want to open a new account for the customer, please make sure that the customer’s details are used and not those of the attorney. Once completed, please call us or visit us in branch to tell us that you’d like a PoA registered on the account.
• If we are informed that a customer has lost mental capacity and there is an existing Lasting Power of Attorney in place, they will lose access to their accounts.
• The customer will lose access to their accounts if a Court of Protection (or equivalent) or Enduring PoA is registered. They’ll also lose access to their accounts if there’s a loss of mental capacity clause in a Lasting PoA document.
• An Ordinary or General PoA can’t be used once the customer loses mental capacity.
• All PoA legal documents cease once the customer dies. You can tell us if a customer of ours has died by visiting our bereavement page. 

Office of the Public Guardian England & Wales

Office of the Public Guardian Scotland

Office of Care & Protection Northern Ireland

Citizens Advice

Age UK

This should be used if you’re an individual or professional attorney (such as a solicitor) acting on behalf of one of our customers. Power of Attorney Registration Form

Local Authority Registration Form

This should be used if you’re a local authority and you want to be registered to act on behalf of one of our customers. Local Authority Registration Form

Local Authority or Professional Attorney Instruction to Close

This should be used if you’re a local authority or professional attorney and you want to close a customer's account and withdraw the funds. Local Authority or Professional Attorney Instruction to Close

Companies Acting as an Attorney or Deputy

This should be used where there’s a named company acting on behalf of the customer. Companies Acting as an Attorney or Deputy

Power of Attorney Factsheet 

This should be used by companies or trust corporations who are to be registered to act on behalf of our customer.  We also have a handy factsheet that gives you more information on registering a PoA with us (PDF - 805 KB).