personal finances - caring for others

Caring for others

How can we help

Sometimes you might need someone else, a spouse, partner, family member or Solicitor, to look after things like your finances for you. There are several ways this can be arranged, depending on how long you need help and what you need help for.

Third Party Arrangement/Letter of Authority

What do you need to know?

What is it?

Short term help if, for example, you’re unwell or travelling. In this case, you may allow your spouse, partner, a family member or a Solicitor to have temporary access to your accounts.

How do you do it?

Send us a letter to confirm who you’d like to appoint - they must be 18 or over. Tell us what you want them to do and for how long. Please contact us, to find out more.

Please be aware

Someone else can’t usually make changes to your account, arrange an overdraft or open or close an account for you.

Power of Attorney & Court Orders

If you live in England & Wales

Lasting Power of Attorney

What is it?

Long term help if you need to allow one or more people, known as ‘attorneys’, to make decisions for you, you can apply for a property and financial affairs Lasting Power of Attorney.

How do you do it?

Set up a Lasting Power of Attorney and register it with the Office of the Public Guardian. You can do this yourself or with the help of a Solicitor.

Be aware: You must be 18 or over and have the capacity to manage your own affairs when you set up your Lasting Power of Attorney.

Enduring Power of Attorney

What is it?

Long term help to allow one or more people, known as ‘attorneys’, to make decisions for you.

How do you do it?

Since October 2007, you can’t create a new Enduring Power of Attorney but, if you set one up before then, you can still use it. Find out more at the Office of the Public Guardian.

Be aware: You must have been 18 or over and been able to manage your own affairs when you set up your Enduring Power of Attorney. Your attorney may act on your behalf as soon as the Enduring Power of Attorney is created unless you have stated otherwise within the Enduring Power of Attorney document. Your attorneys should also be aware that it is their responsibility to register the Enduring Power of Attorney should you lose the ability to manage your affairs yourself.

Deputyship Order

What is it?

Long term help if you’re no longer able to make decisions for yourself and haven’t appointed an attorney. This allows a deputy, who will look after things like your finances, to be appointed for you by a court.

How do you do it?

Your deputy - usually a close relative, friend or carer - should apply to the Court of Protection. Be aware, there are rules about who, how and what a deputy can do, which you'll find here.

If you live in Scotland

Continuing or Combined Power of Attorney

What is it?

Long term help if you need to allow one or more people, known as ‘attorneys’, to make decisions for you, you can apply for a property and financial affairs Lasting Power of Attorney. 

How do you do it?

Set up a Continuing or Combined Power of Attorney and register it with the Office of the Public Guardian. You can do this yourself or with the help of a Solicitor.

Be aware: You must be over 16, not in financial difficulty and have the ability to manage your own affairs when you make your Continuing or Combined Power of Attorney. Your attorney may act on your behalf as soon as the Continuing or Combined Power of Attorney is created unless you state otherwise. Find out more at the Office of the Public Guardian.

Guardianship Order

What is it?

Long term help if you’re no longer able to make decisions for yourself and haven’t appointed an attorney.  This allows a guardian, who will look after things like your finances, to be appointed for you by a court.

How do you do it?

Your guardian – someone over 16 years old, usually a close relative, friend or carer, Solicitor or the Chief Social Worker of the local authority will need to make an application to the Court of Protection.

Be aware: There are rules about who, how and what a guardian can do. Find out more at the Office of the Public Guardian.

If you live in Northern Ireland

Enduring Power of Attorney

What is it?

Long term help if you’d like one or more attorneys to run your financial affairs. Your attorney will be able to act on your behalf now and also in the future if you can’t. You can add in the Enduring Power of Attorney that it should only be used in the future where it becomes necessary.

How do you do it?

Set up an Enduring Power of Attorney with the help of a Solicitor.

Be aware: Your attorney may act on your behalf as soon as the Enduring Power of Attorney is created unless you state otherwise in the Enduring Power of Attorney. If you lose the ability to manage your affairs, your attorney will need to register your Enduring Power of Attorney with the Office of Care and Protection so they can continue to act for you.

Controllership

What is it?

Long term help if you’re no longer able to make decisions for yourself and haven’t appointed an attorney. This allows a Controller, who will look after things like your finances, to be appointed for you by a Court.

How do you do it?

Your Controller will need to make an application to the Office of Care and Protection.  The appointment will be made by Court order.

Be aware: There are rules about what a Controller can do, you’ll find more here.

Attorneys and Controllers

How to add an Attorney or Controller on an account

If you’d like to add an Attorney or Controller on your own account, or if your representative wants to add their appointment on the account, please call into one of our branches or write to us along with:

  • An original or certified copy of the Attorney document or Controller – we can certify that your copies are authentic, for free, in branch 
  • Details of the accounts you’d like to add the Attorney or Controller
  • It may be helpful for any attorneys to bring/provide photo ID and proof of address in case we cannot identify them with our usual electronic checks.


Alternatively, call us and we’ll let you know what you need to send us.

Useful contacts

You might find the following websites useful as they provide more information about powers of attorney. You might also wish to seek advice from your local Citizen’s Advice Bureau or Solicitor:

Age UK

Alzheimer’s Society

Dementia UK

NHS

Office of Care and Protection

Office of Public Guardian

The Law Society

The Law Society of Northern Ireland

The Law Society of Scotland

 

Definitions

A-Z list of terms

A | C | D | E | G | H | I | L | O | P | S | T |

Term

Description

Attorney

The person who is given authority by a power of attorney to act on behalf of the donor in financial or medical/health matters.

Carer

A person who has been appointed to care for another person in financial and health matters.

Continuing Power of Attorney (Scotland)

A legal document that allows a person (Granter) to appoint one or more people (Attorneys) to act on their behalf.

Controller (Northern Ireland)

Appointed by the Court to act on behalf of someone who no longer possesses capacity.

Court Order

A ruling issued by a court or a judge requiring a person to do or not do something.

Court of Protection

A Court that makes decisions on financial or welfare matters for people who can’t make decisions for themselves at the time they need to be made.

Deputy

A person appointed by the Court of Protection to act on behalf of another person who is unable to make decisions for themselves (England & Wales).

Donor

A person who is giving another person authority to act on their behalf in financial or medical and health matters.

Enduring Power of Attorney

A legal document that appoints one or more people (Attorneys) to act on behalf of the donor to manage their affairs. (Please note: Enduring Power of Attorneys in England and Wales were replaced by Lasting Power of Attorney in October 2007 and no longer available. Enduring Power of Attorney is a current method of Power of Attorney in Northern Ireland).

Estate

The property, assets and outstanding debts belonging to a person who has died.

General Power of Attorney

A Power of Attorney that gives a person very broad powers, generally to conduct all kinds of business on behalf of another person.

Granter (Scotland)

The person giving another person authority to act on their behalf in financial or medical and health matters (equivalent to Donor in England &Wales).

Guardian (Scotland)

A person appointed by a court to make decisions regarding the care of another person.

Guardianship (Scotland)

A legal proceeding to determine whether a person is legally incapable and should have a Guardian appointed to care for the person or the person's financial matters.

Guardianship Order (Scotland)

A court appointment which authorises a person(s) to act and make decisions for another person.

Health & Wealthfare Power of Attorney

A legal document giving a person the power to act on behalf of another person in medical and health matters.

 

Incapacitated or incapacity

The position of no longer having the ability to perform an action or an activity which may be due to a physical or mental condition.

Lasting Power of Attorney (England & Wales

A legal document that appoints one or more people (Attorney) to act on behalf of another person.

Letter of Authority

Written confirmation from a person enabling the sharing of information with a named third party for a set period of time or for a defined purpose. (Please note: This is an informal mechanism and does not permit the appointee to make any transactions or alterations to any contract).

Office of Public Guardian

A government body which protects people in England and Wales who may not have the ability to make decisions for themselves.

Power(s) of Attorney A document that gives one person (Attorney) authority to act on behalf of another person (Donor or Granter).

 

Property & Financial Power of Attorney

A Power of Attorney giving a person the power to act on behalf of another person in financial matters.

Solicitor

A legal professional

Solvent

Having enough to pay their financial commitment and debts.

Third Party Mandate/Agreement/Arrangement

A short term arrangement where a person appoints a third party to conduct stated activities on their behalf.

 

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