Power of Attorney

Looking to register a Power of Attorney to help manage someone’s account? We’re here to help.

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What is a Power of Attorney?

 

A Power of Attorney is a legal document that allows you (the donor) to appoint a person to manage your finances if you become unable to do so. This can also be several people or an organisation.

 

Your chosen attorney needs to be at least 18 years old, and they can’t be declared bankrupt.

 

If the attorney doesn’t bank with first direct and they’re registering a lasting power of attorney, they’ll need to provide us with identification.

 

For more information or to register a power of attorney, visit gov.uk.

Types of Power of Attorney

General/ordinary Power of Attorney

A general/ordinary Power of Attorney applies to all the donor’s affairs but can also be limited to specific affairs only. This is known as a specific power of attorney.

We can only register a general/ordinary Power of Attorney if the donor is mentally capable. If they lose mental capacity, we’ll cancel the Power of Attorney, and you’ll need to apply for a Court of Protection order.

Lasting Power of Attorney

There are two types of lasting Power of Attorney (LPA):

  1. Property and financial affairs
  2.  Health and welfare.

An LPA for property and financial affairs allows a third party to make financial decisions and day-to-day transactions on your behalf, subject to any restrictions or special conditions. We can’t accept an LPA relating to health and welfare.

From 17 July 2020, everyone who registers an LPA with the Office of the Public Guardian can provide us with a secure digital access code. We use this code to access the LPA online instead of using paper copies or scanned documents.

If you registered the LPA between 01 January 2016 and 16 July 2020, you can request a new or replacement activation key online. Once you have this, you’ll be able to get a new LPA access code which we can use to register the LPA.

To get your secure digital access code, visit www.gov.uk/use-lpa.

Enduring Power of Attorney

An enduring Power of Attorney (EPA) only applies to England, Wales and Northern Ireland, although they are no longer issued in England or Wales. We’ll still accept an EPA if it was drawn up on, or before, 30 September 2007.

If the donor loses mental capacity, you’ll need to register the EPA with the Office of the Public Guardian (or the Office of Care and Protection, in Northern Ireland).

For more on enduring Power of Attorney, visit www.gov.uk/enduring-power-attorney-duties.

Scottish Power of Attorney

  1. Continuing Power of Attorney.
  2. Welfare Power of Attorney.
  3. Combined Power of Attorney.

We’re unable to accept a welfare Power of Attorney. If it was drawn up after 2000, you’ll need to register it with the Office of the Public Guardian Scotland.

You’ll also need to tell us if the donor becomes mentally incapable. 

We’ll need to see the Office of the Public Guardian’s certificate of registration and the power of attorney document, certified by a practicing member of the Faculty of Advocates, or a practicing solicitor who’s registered to practice law in Scotland, or a UK-registered and licenced medical professional.

What can an attorney do?

  General power of attourney Enduring power of attourney Lasting power of attourney
Manage donor's accounts if mental capacity is lost General power of attourneyX Enduring power of attourney✓ Lasting power of attourney✓
Hold a debit card General power of attourney✓ Enduring power of attourney✓ Lasting power of attourney✓
Issue cheques / make payments (eg bills) / use an ATM General power of attourney✓ Enduring power of attourney✓ Lasting power of attourney✓
Pay in cash/cheques at an HSBC UK branch with a counter, Post Office® or Multi-Bank ATM deposit machine** General power of attourney✓ Enduring power of attourney✓ Lasting power of attourney✓
Order a chequebook / credit card* General power of attourney✓ Enduring power of attourney✓ Lasting power of attourney✓
Order a replacement debit card / PIN General power of attourney✓ Enduring power of attourney✓ Lasting power of attourney✓
Order a statement General power of attourney✓ Enduring power of attourney✓ Lasting power of attourney✓
Manage standing orders and Direct Debits General power of attourney✓ Enduring power of attourney✓ Lasting power of attourney✓
Use phone banking General power of attourney✓ Enduring power of attourney✓ Lasting power of attourney✓
Use online banking* General power of attourney✓ Enduring power of attourney✓ Lasting power of attourney✓
Use our App* General power of attourney✓ Enduring power of attourney✓ Lasting power of attourney✓
Change donor's address General power of attourney✓ Enduring power of attourney✓ Lasting power of attourney✓
Apply for ISAs General power of attourney✓ Enduring power of attourney✓ Lasting power of attourney✓
Open / close accounts on behalf of the donor General power of attourneyX Enduring power of attourney✓ Lasting power of attourney✓
Discuss the donor's accounts General power of attourney✓ Enduring power of attourney✓ Lasting power of attourney✓
Sign a mortgage loan agreement eg for a rate change (no additional borrowing can be taken) General power of attourney✓ Enduring power of attourney✓ Lasting power of attourney✓
Arrange an overdraft General power of attourneyX Enduring power of attourneyX Lasting power of attourneyX

*Conditions Apply

**At an HSBC branch with a counter and Banking Hubs, you can pay in over the counter. You won't be able to use the self-service machines.

How to register a Power of Attorney with first direct

Before we start, you should know that only the appointed attorney or attorneys can register the Power of Attorney. If there’s more than one appointed attorney and you’re acting jointly, we’ll need to speak to all parties together.

 

1. Get everything ready

 

If you have lasting Power of Attorney, you’ll need the digital access code before you call us.

 

If you have any other type of Power of Attorney you’ll need:

  • all the pages (the original or a certified copy)
  • the full name and contact details of all attorneys 
  • the donor’s full name.

 

2. Call us

 

Give us a call on 03 450 511 376. We’re available Monday to Friday 8am-10pm, and Saturday and Sunday 8am-7pm.

 

3. Send us your documents

 

Send us any documents we’ve asked for.

 

4. Registration

 

Once we’ve received your documents the Power of Attorney will be registered. We’ll send you a text and confirmation letter when it’s done.

You may also be interested in...

Managing someone else's money

Visit our hub page which covers the different types of third-party access that can be registered with first direct to give another person (a third party) access to support you with your banking. 

There are a number of ways to do this, from simple access and a bit of support, to granting someone power of attorney.
Learn about managing someone else's money

Third-party mandate

A third-party mandate is an agreement between first direct and our customer, which gives someone else (a third party) limited access to our customer’s bank account.

No legal document is required for this, but you must have mental capacity when a third-party mandate is used on your account.

Find out how to set up a first direct third-party mandate and what this allows you to do by visiting our dedicated page.
Learn about third party mandate

Court of Protection

A Court of Protection order can be applied for if someone has lost their 'mental capacity' as well as the ability to manage their money themselves, and they don’t have a power of attorney in place already for someone to help manage their finances. 

Find out more about what a Court of Protection order allows you to do and how to register one with us by visiting our dedicated page.
Learn about Court of Protection

Frequently asked questions

How we'll use your information
 

We’ll use the personal information of any appointed attorneys and that of the donor to register the Power of Attorney. If we're required to use this data for any other related purposes, this will be in line with legal and/or regulatory requirements. For more information about how we use your information and your rights please read our Privacy Notice. If you provide information for another person (eg an attorney), you’ll need to direct them to this notice.