Power of attorney
Discover the types of power of attorney, how to set one up, register it and access support.
Page contents
There are many reasons why someone may set up a power of attorney. It may be due to health concerns or you may be planning to travel abroad and need someone to manage your finances. Discover the types of power of attorney, how to set one up, register it and access support.
- Once you have a power of attorney in place you can register it with us so that your attorney(s) can help manage your investment or pension account.
- We can support your attorney(s) on how to understand and manage your account once they have access.
Understanding power of attorney
Setting up a power of attorney can be a significant and emotional decision. Our team is here to support you every step of the way.
A power of attorney is a legal document that lets someone you trust make decisions about your money, property or care.
There are two key roles:
The donor: The person whose money, property or care is involved. The donor (or granter in Scotland) gives the attorney(s) the power to manage their affairs for them. These affairs are set out in the power of attorney document.
The attorney(s): The person(s) chosen to manage the affairs of the donor. You can choose one or more attorneys.
You can set up a power of attorney for short-term tasks, such as selling a house. Or for long-term support, for example if you’re concerned about becoming mentally or physically unable to manage your finances. It all depends on your needs.
Different types of power of attorney
Depending on where you live in the UK and the kind of support you need, there are different types of power of attorney.
For all types:
- The donor and attorney(s) must be at least 18 years old, or 16 years old if they’re in Scotland.
- Both the donor and attorney(s) must be mentally capable (have the ability to make your own decisions) when signing the power of attorney.
- Neither donor or attorney(s) can be bankrupt or insolvent.
England and Wales
Lasting Power of Attorney (LPA)
What it covers
Health and welfare, as well as property and financial affairs.
How it can help
It helps you plan ahead to make sure your affairs are managed as you wish.
How long it lasts
It’s for long-term support. The donor decides when it starts, either upon registration with the Office of the Public Guardian or if they lose mental capacity later.
You can set up a power of attorney at any time. But you only need to register it with us when your attorney needs to start managing your account.
The attorney(s) will need to provide ID and their original power of attorney document.
How to apply
Visit the UK Government website or ask a solicitor.
How to cancel
If the donor still has mental capacity, they can cancel it. They’ll need to send the original LPA and a ‘deed of revocation’ to the Office of the Public Guardian. Let us know once it’s cancelled. You can remove it from your investment or pension account at any time by letting us know in writing.
General power of attorney (GPA)
How it can help
It’s useful for short-term financial or property support, especially if you’re abroad or in hospital for a short time.
How long it lasts
You can set it up for a specific time or it’ll end if you lose mental capacity. There’s no need to register it with the Office of the Public Guardian.
How to cancel
It’ll come to an end if you lose mental capacity. You can remove it from your investment or pension account at any time by letting us know in writing.
Enduring power of attorney (EPA)
EPAs are not available anymore, but they’re still valid if signed before 1 October 2007. Register with the Office of the Public Guardian if the donor loses mental capacity.
Scotland
Continuing or combined power of attorney
How it can help
It provides long-term support for financial and healthcare decisions.
How long it lasts
It starts when registered with the Office of the Public Guardian Scotland or when you need help. It lasts until the donor cancels it or passes away. You can remove it from your investment or pension account at any time by letting us know in writing.
How to apply
A solicitor can help you draw it up and register it.
How to cancel
You can cancel if you still have mental capacity. Send a revocation notice and a revocation certificate completed by a Scottish solicitor or UK-registered doctor to the Office of the Public Guardian Scotland.
Welfare power of attorney (WPA)
We don’t register or manage welfare power of attorney. For more information, see the UK Government’s guidance.
What you need to do
1. Apply for power of attorney
To apply, you’ll need to be mentally capable of making decisions about your finances, property and health.
You can set it up through a solicitor or via the UK Government website.
2. Register your power of attorney with us
Once you’ve set up a power of attorney, you’ll need to register it with us before the attorney(s) can access your account.
You can register it with us via post by sending us the original power of attorney document. We’ll return it once we’ve verified it. And if we need any additional information, we’ll let you know.
If your power of attorney was registered after 1 January 2016, you may have an access code from the Office of the Public Guardian (13 characters and starts with ‘V’). This lets us view your document online.
What you’ll need
When you register we’ll need copies of ID for the attorney(s). We’ll need 3 – one to confirm proof of identity (List A) and one as proof of address (List B) and plus one more from either list. The ID types we accept:
Proof of identity (List A)
- Valid UK/EU/EEA passport or valid other passport with a UK visa. It must have at least 6 months remaining on its validity period and must include the details page. A non-UK/EU/EEA passport must also show the visa page.
- Photo side of a valid UK/EU/EEA photo card driving licence.
- Photo side of an EU national identity card.
- Photo side of a Northern Ireland Electoral Identity Card.
- Both sides of a valid (old style) full UK driving licence.
- Benefits book or benefits agency notification letter confirming rights to benefits. It must be for the current year or issued in the last 4 months. We need the page(s) confirming your rights to benefits, and the page(s) showing your name, address, National Insurance Number and date of birth.
- HMRC tax notification and correspondence. It must be issued in the past 4 months or be valid for the current tax year. We need the page(s) showing your name, address, National Insurance Number and date of birth.
Proof of address (List B)
- Any of List A that shows your address and which you are not using for List A evidence.
- Council Tax bill, less than 12 months old. We need the page(s) showing your name and address.
- Utility bill. It must be less than 4 months old. We need the page(s) showing your name and address. We can’t accept mobile phone or utility bills for services at a different address.
- Mortgage statement/Solicitors mortgage correspondence, less than 12 months old. We need the page(s) showing your name, address, solicitor’s firm details and the mortgage account number.
- Debit/Credit card statement. It must be less than 4 months old. We need the page(s) showing your name, address, provider details and the account number.
- Bank statement. It must be less than 4 months old. We need the page(s) showing your name, address, provider’s details, bank account sort code and account number.
- Private pension statement. It must be for the current year or less than 4 months old. We need the page(s) showing your name, address, provider’s details, and the account number.
- Life assurance/life insurance policy. It must be less than 4 months old and the policy must still be in force. We need the page(s) showing your name, address, provider’s details, and the account number.
- Current local council/regulated housing association tenancy agreement, from a recognised local authority or a regulated housing association (e.g. Scottish Housing Regulator (SHR), The Homes and Communities Agency (HCA)). It can’t be from a private landlord. We need the page(s) showing your name, address, confirmation of the local authority and the agreement/reference number.
Don’t have these types of ID?
Call us – in certain circumstances we may be able to accept alternative forms.
Please include a covering note when you register including:
- Short summary of what you need
- Customer name
- Customer account number
- Customer Address
- Customer date of birth
Send the power of attorney documents, ID copies and covering note to:
Octopus Money Direct
PO Box 24204
Edinburgh
EH3 1JP
Please use recorded post for tracking and peace of mind.
Power of attorney from outside the UK
We’ll also need a lawyer from the country where the power of attorney was made to provide:
- A written confirmation that the power of attorney is valid for use in the UK and still works if the donor loses mental capacity.
- A confirmation from the lawyer’s governing body in that country. This’ll show that the lawyer is authorised.
- The power of attorney will also need to be translated if it is not in English.
Verification
- We’ll verify all documentation and IDs for your attorney(s) and carry out security and ID checks on your account. If we need to confirm ID for your account we’ll write to you via post.
- If we need other documentation we’ll write to you via post.
- Once approved, we’ll confirm via post and send all your original documents back to you.
What happens next
- Once all documents have been verified, we’ll activate your power of attorney and send a confirmation letter to you and your attorney(s).
- The attorney(s) will then be able to manage the account via post or phone.
Need to talk?
We understand that supporting a loved one with their finances can be challenging and we’re here to help.
You can call us on:
(outside UK +44 1256 58 80 00)
Monday to Friday 8am to 9pm
Saturday 9am to 6pm
Calls to 03 numbers are treated the same as calls to 01 and 02 numbers, including any inclusive minutes and discounted schemes. Up to 16p per minute from a UK landline. Up to 65p per minute from mobiles.
Calls may be recorded for training and quality purposes.
If you have a hearing or speech impairment you can call us using Relay UK.
Need a bit more help?
More advice
Office of the Public Guardian in England & Wales
They offer advice and support on managing health and financial decisions.
Office of the Public Guardian in Scotland
They provide information and advice on financial planning and safeguarding for those who may lack mental capacity.
Northern Ireland government services
They can help with managing your affairs and enduring power of attorney.
Citizen’s Advice Consumer Service
They provide help in managing affairs for someone else.
Age UK
The leading charity for older people. Get support, advice and information.
Accessibility
Find out about some of the ways we can support you and how to make accessibility requests.
Common questions
What's an attorney?
Someone who has the legal power to act on behalf of another person, called the ‘donor’. Their authority can differ based on the type of power of attorney and the details in the document. They may make choices about finances, healthcare or other issues as directed by the donor.
What's a donor or granter?
The person who creates a power of attorney – called a ‘donor’ in England and Wales or a ‘granter’ in Scotland. They grant authority to another person, called the attorney (or attorneys – there may be more than one) to make decisions on their behalf. The donor or granter trusts the attorney to manage their affairs in their best interests.
What does mental capacity mean?
Mental capacity is the ability to make or communicate decisions when necessary. To have mental capacity, you must understand the decision, why it’s important, and the likely outcome.
Some people can make decisions about certain things but not others. For example, they may be able to decide what to buy for dinner, but they might not understand how to manage their investment or pension account.
What can attorneys do?
As long as the power of attorney allows them to, they can:
- Manage money and accounts – This includes receiving and checking statements, making payments, withdrawing money, opening and closing accounts, transferring accounts to or from Octopus Money Direct or regularly review your investments to ensure they’re in line with the needs of your current and future circumstances.
- Speak to us directly -The attorney(s) can talk to us about your account, helping us to make quicker decisions.
What’s a V code?
This 13-character access code starting with the letter V lets organisations check who’s legally allowed to act on someone else’s behalf. It gives a quick, secure way to view a summary of the lasting power of attorney online.
Whether you’re the donor or the attorney, you can generate this code and use it on the UK Government’s lasting power of attorney service.
What if my power of attorney only works when I’ve lost mental capacity?
If your power of attorney starts after you lose mental capacity, we only need medical evidence if the power of attorney document specifically says so.
Can I let someone access my account without a power of attorney?
You can give someone access to obtain information or valuation on your account for example your financial adviser or spouse. For more information on this please call us.
What can I do if someone has lost capacity and hasn’t set up a power of attorney?
If someone has lost capacity, they can’t set up a power of attorney as they can’t understand what they’re signing.
You’d need to apply to the court for an order to act on their behalf.
- In England and Wales – You can apply for a Court of Protection Order.
- In Scotland – You can apply for a Guardianship Order
How can I ensure my power of attorney arrangement is safe from abuse?
It’s important to choose someone you trust as your attorney. Regularly review your arrangements and seek advice if you have concerns. For more information, see the Office of the Public Guardian’s safeguarding guidance.