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Caring for someone vulnerable

Power of Attorney

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What is a Power of Attorney?

A Power of Attorney (POA) gives legal power to one or more persons to allow them to make decisions on behalf of a person who is no longer capable of making decisions for themself, or does not want to make decisions for themself. The people given this permission are called 'attorneys' and the person giving permission is called a 'donor'. Usually, attorneys are someone close to the donor such as a family member or a close friend, but people acting in a professional capacity such as solicitors or local authorities can also be made attorneys.

To learn more about Power of Attorney visit the Age UK page using the button below.

What can an attorney do?

If the donor lacks capacity the attorney can operate the account as if they were the account holder themselves. Donors can choose to have more than one attorney on their account but they must make it clear whether the attorneys will act 'jointly' or 'joint and severally'.

An attorney can

  • Have a debit card, register for online or telephone banking, and make payments and transfers as long as they are acting solely, or "jointly and severally" in the case of multiple attorneys.
  • Close accounts that are no longer needed.
  • Open new accounts on behalf of the donor depending on the type of POA document held, and this needs to be done in a branch.
  • Manage the donor's mortgage, including applying for a new mortgage or changing the rates.
  • Order a cheque book for the donor's account as long as they are "acting in a professional capacity", or "jointly" in the case of multiple attorneys.
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An attorney cannot

  • Have access to online or telephone banking or have a debit card if several attorneys are acting "Jointly".
  • Apply for certain forms of borrowing, for example loans or overdrafts on behalf of the account holder.
  • Act outside the terms set out by the account holder in the Power of Attorney document.
  • Change ownership of the account or add new parties to the account.
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Registering a Power of Attorney

Frequently asked questions