Power of Attorney

We understand that you want to protect yourself if, in the future, you can’t make financial decisions for yourself. Appointing a Power of Attorney to manage your accounts on your behalf takes away the worry.

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.

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.

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.

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 Form

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.

England & Wales Scotland

Frequently Asked Questions

You’ll need to send us one of the following:

  • The original Power of Attorney document
  • A solicitor certified photocopy with original solicitor’s signature, company stamp and a declaration on each page confirming the document to be true copy of the original.

If you have a Lasting Power of Attorney registered in England or Wales on or after 1 September 2019 then you do not need to send us these documents. Instead, you can send us an access code given by the gov.uk website when you registered your Power of Attorney. These are 13 characters long and start with a V. We’ll use this code to access the Power of Attorney online from the Office of the Public Guardian.

Additional documents:

  • If the donor now lives in a care home, we need a letter on headed paper or an email from the care home stating the donor lives there. This must be signed by the Care Home manager
  • We’ll need to run identification checks on the attorney and may need to see additional identification documents. This includes passport or driving license (original or solicitor certified copy) and proof of address dated within the last 3 months. This could be a utility bill, council tax bill or bank statement.

We need either the original Power of Attorney document or full copy document. Please make sure you include all pages. If sending a copy we also need certification which means that the document needs to have each page stamped by the company who’s provided it.

We’re happy to accept a copy by exception or a solicitor certified copy via email.

You can open an account on the donors behalf. Please contact our savings team on 0800 7314076, they’ll be able to help you with your application.

No, as the mortgage is already in place and any changes would need to be made through an independent financial advisor.

You can contact us by phone, email, or letter to manage the account.

It can take up to a month. We’ll ask the Office of Public Guardian to verify the Attorney(s) named on the Power of Attorney document.

For mortgage customers, the account will need to be redeemed which means that the mortgage will need to be repaid. For savings customers, the money in the account will be sent to the customers’ estate which then closes the account.

We will run identification checks through Experian, a credit reference agency, to confirm the identity of the PoA. In some cases, you may need to send us additional documents to verify identification. If we need this we will let you know.

If we request additional identification, we will need to see your passport or driving license (original or solicitor certified copy) and proof of address dated within the last 3 months. This could be a utility bill, council tax bill or bank statement.

You may be able to apply for new or additional borrowing but this has to be through an Independent Financial Advisor. If you don’t have an Independent Financial Adviser (IFA) the website www.unbiased.co.uk can help you find one.

There are a number of ways a Lasting Power of Attorney can be brought to an end. The person who made the Power of Attorney (known as the donor) can cancel it if they still have capacity.

If the attorney is no longer able, or no longer wants to be an attorney, there’s guidance on the Gov.uk website on how to do this.

A Lasting Power of Attorney will also come to an end when the donor passes away.

An Enduring Power of Attorney (EPA) can also be brought to an end by the donor cancelling it if they still have capacity or an attorney says they no longer wish to be an attorney. It can also be cancelled with a court order or the Court of Protection can end if they believe the attorney has abused their position or the donor made the Enduring Power of Attorney because of fraud or excessive pressure.


If you’re worried that decisions aren’t being made in the best interest of the donor please get in touch with the Office of the Public Guardian. They’ll look at the case and review whether they are able to investigate. See the gov website for further information


Power of Attorney in Scotland

In Scotland, there are three types of Power of Attorney

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.

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 http://www.publicguardian-scotland.gov.uk/power-of-attorney/power-of-attorney/types-of-power-of-attorney


This is a combination of a CPA and WPA.

Jargon Buster

Lasting Power of Attorney – A Lasting Power of Attorney is a legal document that lets the donor appoint one or more people to make decisions on their behalf. This happens when they’re no longer able to make those decisions for themselves.

Donor/Granter – The person that the Lasting Power of Attorney is for, the person who appoints a trusted friend or family member (or more than one) to help make decisions on their behalf.

Attorney – The person(s) chosen to make the decisions.

Mental Capacity – A person with mental capacity is considered to have a general understanding of the decision they need to make, why they need to make it and what is likely to happen when they make it.

Office of Public Guardian – A government department that administers Lasting Power of Attorney and protects people who lack mental capacity.

Deposit Accounts – The personal savings accounts we offer. We offer fixed rate, short term fixed rate, 8 day notice and no notice deposit accounts. For more specific product information please get in touch.

ISA’s – The Individual Savings Accounts we offer. We offer a Fixed Rate ISA and a Junior Cash ISA. For more specific product information please get in touch.

Equity Release Mortgages – A mortgage specifically designed for homeowners who want to release equity from their property. We don’t sell equity release mortgages anymore. In the past we’ve offered a wide range of equity release style mortgages including lifetime mortgages, flexible lifetime mortgages, equity advance plans and shared growth plans. For more specific product information please get in touch.

No Negative Equity Guarantee – Products which meet the Equity Release Council Product Standards are required to feature this clause. This guarantee means the estate will never owe more than the property is worth when it’s sold to repay the equity release mortgage.

Residential Mortgages – A residential mortgage is a large long term loan taken out by one or more people to buy a home to live in, not to rent to tenants or used for commercial purposes.

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

By Email

Mortgages: [email protected] 

Savings: [email protected]


We work with Hourglass, the only UK wide charity calling time on the harm, abuse and exploitation of older people. Hourglass are a specialist charity committed to preventing the abuse of older people and promoting safer ageing. Hourglass want individuals and organisations to know how to identify, challenge and stop all forms of abuse against older people, who are often isolated and vulnerable, and help them to access support. Email [email protected], phone 0808 808 8141, or text 07860 052906.

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Other resources

There are various charities that offer support and information on being a power of attorney. Their contact details are here if you need them.

Citizens Advice

You can call Citizens Adviceline in England on 0800 144 8848 or Advicelink in Wales on 0800 702 2020. Or click the link to visit their website.

Find out more

The Money Advisory Service

For free guidance you can trust, The Money Advisory Service can help. Call them on 0800 138 7777 or visit their website.

Find out more


You can visit Gov.uk to report a concern about an attorney, deputy or guardian.

Find out more

We may make searches about you at credit reference agencies who’ll supply us with information, including information from the Electoral Register, so we can verify your identity. The agencies will record details of the search. The searches will not be seen or used by lenders to assess your ability to obtain credit. This information may also be used for the prevention of money laundering. Alternatively, we may ask you to prove physical forms of identification. In the event that your providing information about another individual, we’ll assume that you’ve told them that your sharing their details and where they can find more information on how we may process their details. You can find out more about how we use your information at hodgebank.co.uk/privacy or you can call us on 0800 028 3746.