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Power of attorney

What's a power of attorney

Power of attorney is a legal document that allows you (the donor) to appoint a person, multiple people or an organisation to manage your finances, if you become unable to do so.

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 Opens an overlay [Will show a security message first].

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):

Property and financial affairs.
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 Opens an overlay [Will show a security message first] 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 Opens an overlay [Will show a security message first].

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 Opens an overlay [Will show a security message first].

Scottish power of attorney

In Scotland there are 3 types of power of attorney:

Continuing power of attorney.
Welfare power of attorney.
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 Opens an overlay [Will show a security message first].

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.

Guernsey/Jersey/Isle of Man/Northern Ireland/foreign power of attorney

What can different types of power of attorney do?

If the appointed power of attorney is a sole attorney or multiple attorneys who can each act separately (jointly and severally) the following table provides guidance on the services we can provide.

If more than one attorney have been appointed to act together (jointly), all attorneys must act together. This means that any services restricted to sole access can’t be provided. This includes, debit cards, using our App, Online Banking, and Phone Banking.

If the power of attorney document contains restrictions, we'll need to comply with them, which may mean we can’t provide some of these services.

What an attorney can do

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

*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

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.

Step 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.

Step 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.

Step 3 – send us your documents
Send us any documents we’ve asked for.

Step 4 – registration
We’ll contact you to let you know when it’s registered.

FAQs

Can I appoint more than one attorney?

What happens if I appoint a solicitor or a firm as an attorney?

What happens if the power of attorney document contains restrictions?

Who can certify my POA document if I live in the UK?

What happens if the donor dies?

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.