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.

Do you have Power of Attorney for one of our customers?

If you’ve been appointed PoA for one of our customers who’s lost mental capacity, please get in touch with us. We’ll need to see the PoA documents and complete some identification checks to set you up on the account.

We have a page dedicated on how to do this

Find out more

What is Power of attorney?

Power of Attorney (PoA) 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.

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.

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 here:

England & Wales Scotland

How to register your POA with us

If you’ve appointed a PoA you can register this with us which will allow us to register your PoA on your account. You’ll need to send us the following documents:

  • The original Power of attorney document. Please send this to Customer Services, Hodge, One Central Square, Cardiff, CF10 1FS. If you prefer you can send us a solicitor certified copy by email support@hodge.co.uk

If you can’t send us an original copy, you can send the following instead:

  • A solicitor certified photocopy with original solicitor’s signature, company stamp and a declaration confirming the document to be true copy of the original on each page
  • A donor certified photocopy, certified and signed by the donor on each page with the specific wording confirmed on the Gov.uk websitehttps://www.gov.uk/power-of-attorney/certify

To make sure your documents reach us safely please send them by recorded delivery. We’ll send them back to you in this way too.

Once we’ve got all your documents and can verify your identity we’re usually able to set you up on the account within 24 hours.

We’ll contact you to let you know when it’s been done.

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.

Frequently Asked Questions

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 – whatever suits you.

Assuming all documentation is correct we can do this within 24 hours.

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.

Yes. We also run identification checks through Experian, a credit reference agency, so this is a dual process.

We’ll need to see a passport or driving licence and a utility bill with address.

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 www.gov.uk/government/publications/disclaim-a-lasting-power-of-attorney

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.

 

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, 90 day notice, 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.

Additional Support

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

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. With nearly 30 years’ experience they have the expertise to support victims, their families and those who care for them. 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.

Freephone Helpline: 0808 808 8141
Instant Messenger via website: wearehourglass.org
Text service: 07860 052906
Knowledge Bank:  knowledgebank.wearehourglass.org
Email: helpline@wearehourglass.org

Citizens Advice

citizensadvice.org.uk
Adviceline (England): 0800 144 8848
Advicelink (Wales): 0800 702 2020

 

The Money Advisory Service

www.moneyadviceservice.org.uk
0800 138 7777