Understanding power of attorney
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 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 multiple attorneys.
A power of attorney can be set up for short-term tasks, such as selling a house. Or, for long-term support, whether or not you lose mental capacity. It all depends on your needs.
What are the 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 available. For all types:
- The donor and attorney(s) must be at least 18 years old
- Both the donor and attorney(s) must be mentally capable (the ability to make your own decisions) when signing the power of attorney
- Neither of them can be bankrupt or insolvent
Lasting Power of Attorney (LPA)
What does it cover?
It covers health and welfare, and property and financial affairs.
How can it help?
It helps you plan ahead to make sure your affairs are managed as you wish.
How long does it last?
It's for long-term support. The donor decides when it starts, either upon registration with the Office of the Public Guardian Link opens in a new window or if they lose mental capacity later.
Set it up anytime, but register with us only when the attorney needs to manage the donor's finances. We can't accept LPAs with future start dates.
The donor should register it unless they lose mental capacity, then the attorney can. If one attorney loses capacity or is bankrupt, others can continue.
How do I apply?
Visit the government website Link opens in a new window or ask a solicitor. Registration costs around £82.
How do I cancel?
If the donor still has mental capacity, they can cancel it. They'll need to send the Office of the Public Guardian the original LPA and a ‘deed of revocation’. Let us know once it's cancelled.
Enduring Power of Attorney (EPA)
EPA's are not available anymore, but valid if signed before 1 October 2007. Register with the Office of the Public Guardian Link opens in a new window if the person loses mental capacity.
General Power of Attorney (GPA)
How can it 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 does it last?
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 Link opens in a new window.
How do I cancel?
It’ll come to an end if you lose mental capacity. You can remove it from your bank account at any time by letting us know. You’ll need to provide a copy of the ‘deed of revocation’ before we can remove it. You can apply this via Court of Protection order Link opens in a new window.
Continuing or Combined Power of Attorney
How can it help?
It provides long-term support for financial and healthcare decisions.
How long does it last?
It starts when registered with the Office of the Public Guardian Scotland Link opens in a new window or when you need help. It lasts until the donor cancels it or passes away.
How to apply?
A solicitor can help you draw it up and register it.
How do I cancel?
You can cancel if you still have mental capacity. Send the Office of the Public Guardian Scotland Link opens in a new window a revocation notice and a revocation certificate completed by a Scottish solicitor or UK registered doctor.
What you need to do
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 the government website Link opens in a new window.
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 online, in branch, by phone, email or post. Check below to see what you’ll need to register.
What you’ll need
- The original power of attorney or a certified copy
- ID for the attorney(s). See our acceptable forms of ID.
If you don't have the required form of ID, we won't be able to accept it. - Download and complete a power of attorney request form
- If you have a lasting power of attorney, please share the code from the Office of the Public Guardian. This'll let us see your online summary.
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.
Downloads
Helpful guides
Power of attorney request form
Don't see your account listed?
Call us on 0800 345 7365 for advice on how to add an attorney to your account.
Ready to register?
Before you start, check that you have everything you need.
You can choose to register online, in branch, by phone, email or post. To begin, please answer the question below.
How would you like to register your power of attorney?
Common questions
An attorney is 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.
A donor or granter creates a power of attorney. They are called a donor in England and Wales or a granter in Scotland. They grant authority to another person, called the attorney. The donor or granter can grant authority to more than one attorney. The attorney can make decisions on the donor's behalf. The donor or granter trusts the attorney to manage their affairs in their best interests.
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 bank account.
Find out more about mental capacity on the government website
As long as the power of attorney allows them to, they can:
- Manage money and accounts
They can manage your money. This includes checking statements, making payments, withdrawing money, opening and closing accounts or switching accounts to us. - Speak to us directly
The attorney(s) can talk to us about your account, helping us to make quick decisions.
- Apply for credit
Attorneys can't apply for credit cards, overdrafts and loans or increase existing credit limits on behalf of someone else. But you can pay off existing debt and manage mortgage payments. - Access some types of accounts
We generally can't register an attorney to an account where the donor is a trustee.
A certified copy is an exact replica of your original power of attorney. Someone must certify it. We only accept certifications done by a solicitor in the last 6 months. If you still have mental capacity, you can certify it yourself.
If your power of attorney starts after you lose mental capacity, we'll need confirmation from a medical professional that you've lost capacity.
If you need help using your bank account, giving someone else access could be a good solution. You have different options based on how much control you want to give:
Short-Term Help
If you're not ready to give full access, you could:
- Pay by cheque or set up payments
Use cheques, standing orders or direct debits to manage your money. - Transfer money
Send money to someone else's account. You can also give them a pre-paid credit card, gift voucher or gift card. - DWP appointee
Choose someone to manage your Department for Work and Pensions (DWP) Link opens in a new window benefits for you.
Long-Term Help
If you need extra help, you could:
- Make your bank account joint
You can choose:
'Either to sign' joint account
- Simple to set up
- Both account holders have full access
- Both can close the account without the consent of the other
'Both to sign' joint account
- Simple to set up
- Both must sign for transactions or requests
- Day-to-day use might be more difficult - Set up a third-party mandate
This is useful when you need to let someone temporarily access your account.
- It's quick to set up
- It won't cost you anything
- You can grant specific access to another person
- You're in control and can tailor it to your needs
- There are some limits - for example, we can't allow online access to your account
To set up any of these options, contact us. - In Scotland, apply for a guardianship
- Allows someone to act for a person who has lost mental capacity
- Can be time-consuming and cost - In England and Wales, apply for a deputyship
- Allows someone to act for a person who has lost mental capacity
- Can be time-consuming and costly
To find out more or apply, visit the government website Link opens in a new window.
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 Link opens in a new window.
In Scotland
You can apply for a guardianship order Link opens in a new window.
Want to open a new current or savings account with Virgin Money? You can use the forms below to get started:
How we can help
We understand that supporting a family member with their finances can be challenging, especially without a power of attorney.
Need to talk?
If you have any questions or want more information, please get in touch with us.
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