What is Power of attorney?
Power of Attorney allows you to choose a trusted person or persons to make important decisions or act on your behalf, if you can’t in the future.
These decisions should always be based with your best interests at heart and you may even put some rules in place beforehand.
This includes making decisions about your health and living arrangements or managing your financial affairs.
You can put a Power of Attorney in place at any time as long as you haven’t lost mental capacity when the document is signed.
Types of Power of Attorney
In England and Wales, there are three types of Power of Attorney in operation.
Lasting Power of Attorney (LPA)
This is the most common type of Power of Attorney. There are two kinds of LPA, you may want either one or both types in place.
- Property and Financial Affairs LPA: this covers things such as managing day-to-day finances, debts, benefits and buying or selling property. It can be used both before and after the donor (you) has lost mental capacity.
- Health and Welfare LPA: this covers issues such as NHS treatment, care and housing. It can only be used after the donor has lost mental capacity.
Ordinary Power of Attorney (OPA)
An Ordinary Power of Attorney also allows your trusted person/s to act on your behalf but it’s only valid while you have mental capacity. You might choose an OPA if you want someone to look after your financial affairs for a temporary period. This could be if you have health problems or an accident, or if you’re abroad for a long period of time.
Ordinary Power of Attorney should not be used if you:
- have been diagnosed with a health condition that could lead to mental incapacity
- are worried that you may develop such a problem
- want to put in place arrangements to ensure your affairs are managed by someone you trust in the event you lose mental capacity in the future.
Under these circumstances, it’s more appropriate to use a Lasting Power of Attorney.
Enduring Power of Attorney (EPA)
You can’t set up a new Enduring Power of Attorney (EPA) as they were abolished in October 2007. If there’s one already in place it’ll still be valid if you need to register it in the future.
An EPA only applies to financial affairs so if you (or the person you’re caring for) has one in place, you may want to consider replacing it with a Lasting Power of Attorney.
What type of PoA do we deal with?
For properties and accounts in England and Wales, the Power of Attorney must be in the form of an Enduring Power of Attorney (EPA), produced prior to 1 October 2007 or a registered Lasting Power of Attorney (LPA) (property and affairs) for documents dated after 1 October 2007.
For properties and accounts in Scotland, the Power of Attorney must be a Continuing Power of Attorney (CPA) including a certificate signed by a solicitor, a practising member of the faculty of advocates, or a medical practitioner stating that:
- They’ve interviewed the granter immediately prior to the signing of the CPA
- They’re satisfied because of their own knowledge of the granter or having consulted another named person who knows the granter, that the granter fully understands the nature of the powers being given and the extent of them; and
- They have no reason to believe that the granter is acting under any influence or other reason which should prevent the powers form being given.
Power of Attorney in Scotland
In Scotland, there are three types of Power of Attorney
Continuing Power of Attorney (CPA)
This form of Power of Attorney allows you (the ‘granter’) to choose someone to look after your property and financial affairs immediately, continuing into incapacity or if you become mentally incapable. It can also include welfare powers, such as determining where you should live if you need to move due to changing levels of care. Welfare powers can only come into effect on incapacity.
Welfare Power of Attorney (WPA)
This Power of Attorney allows your attorney(s) to make decisions about your health and welfare after you become incapable. These powers can include deciding where you’ll live and personal issues, such as medical treatment and personal care. Your attorney(s) can’t intervene while you have capacity to make decisions for yourself.
For more information about PoA in Scotland you can visit the office of the public guardian website https://www.publicguardian-scotland.gov.uk/power-of-attorney/power-of-attorney/types-of-power-of-attorney
Combined Power of Attorney
This is a combination of a CPA and WPA.
How to get a Power of Attorney
Your attorney can be a friend, relative or professional person such as a solicitor. They must be over the age of 18. When you’ve chosen your attorney, you’ll need to register them with the Office of the Public Guardian. You can find out more on the government websites by clicking below.
Power of Attorney Form
If you’re a customer with Power of Attorney in place and would like to open a savings account with us, you will first need to complete an online application and then complete the below form and return it to us with a copy of the Power of Attorney document.
-
.pdfDownload
Where do I send the documents?
You can send your documents by email or post. If you’re posting your documents, please send them by recorded delivery so they reach us safely. We’ll send them back to you in this way too.
We’ll contact you to let you know when it’s been done.
By Post: Customer Services, Hodge, One Central Square, Cardiff, CF10 1FS
FAQs
Find out more about our power of attorney process.