A Power of Attorney (PoA) is a legal document that allows an individual to make decisions about property and finances on behalf of someone else.
We understand that if you’re considering a power of attorney, this may be a difficult time for you. Our team are here to support you through this process.
-
There are different types of Power of Attorney (PoA), which we’ve explained below. For us to accept your delegation, it needs to be a PoA that relates to property and financial affairs.
Lasting power of attorney
This must be registered with the Office of the Public Guardian and can be used for when you’re mentally capable and incapable. It may be appropriate in the following situations:
- You’re going to university.
- You have to go to hospital.
- You’re going overseas for up to a year.
- You want someone you trust to have access to your account.
- You need help managing your finances in the long term.
Enduring power of attorney
This was replaced by lasting power of attorney as of 1 October 2007; however it can still be used with Cashplus in the same way as a lasting power of attorney.
The enduring power of attorney must be registered with the Office of Public Guardian before it can be registered on a Cashplus account.
Scottish power of attorney
The Scottish Office of Public Guardian provides the following power of attorney.
- Welfare power of attorney – Used for attorneys to make decisions based on health and welfare
- Continuing power of attorney – Authority to manage property and finance
- Combined power of attorney – provides attorneys welfare and continuing rights
General power of attorney
This is only allowed in a situation where you are mentally capable and
- you want someone you trust to have access
- you need short-term help managing your finances
- you’re going abroad for up to a year
- you’re going to university
- you’re going into hospital.
-
As attorneys will be making decisions for you, it’s important to choose people you trust, such as family members, close friends or a professional (such as a solicitor).
Before you make this decision, we recommend you read about an attorney’s responsibilities.
You can have more than one attorney to act on your behalf. To do this, you must consider whether you’d like your attorneys to act ‘jointly’ or ‘jointly and severally.’ This will impact how make decisions around your account – see below for details.
Jointly – all attorneys will need to be present to carry out actions.
Jointly and severally – attorneys can act independently, or together.
-
Attorneys can manage and make decisions around a donor’s affairs. This includes:
- Money and bills
- Bank and building society accounts
- Property and investments
- Benefits and pensions
- Property and investments
Attorneys should keep records of the donor’s assets, income, spending and outgoings. The Office of the Public Guardian and the Court of Protection (if applicable) can ask to check these records. Account holders can download statements from their online account using the app or online banking. As power of attorney, you can request statements for the account by contacting our team.
-
You must be mentally capable at the time of providing the authority to trusted individuals as attorneys.
To register a Power of Attorney with us, you’ll need to call our team to notify us, and then mail or email your Power of Attorney document.We’ve outlined the full process for registering a third party here.
-
If you have concerns about the actions of an attorney, you can contact the Office of the Public Guardian support line. More details can be found at gov.uk/report-concern-about-attorney-deputy.
Third Party Authority
If you have a Cashplus account, you can add third party access. This allows another person access to your account for short or extended timeframe.
Court of Protection order
A Court of Protection Order appoints a deputy for someone who has lost capacity
Appointeeship
This is a delegate to manage benefits from Department of Work and Pensions (DWP)
Guardianship Order (Missing Persons)
This is a court appointed guardian of a missing person’s financial affairs
Terms and Conditions apply, including applicants being resident in the UK & aged 18+ and, if relevant, businesses being based in the UK.
For full website terms including information on Zempler Bank, Mastercard and use of trademarks, please see our full legal disclosures at https://www.zemplerbank.com/legal/. Zempler Bank Limited (“Zempler Bank”) is registered in England and Wales at Cottons Centre, Cottons Lane, London SE1 2QG (No.04947027). Zempler Bank is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority under Firm Reference Number 671140.
Zempler Bank provides credit facilities subject to approval and affordability, and where accounts continue to meet Zempler Bank credit criteria.