Power of attorney

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
  Attorneys can be added to trustee accounts if the power of attorney document clearly allows it.

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.

It’s a 13-character access code starting with the letter V that lets organisations check who’s legally allowed to act on someone else’s behalf. Whether you’re the donor or the attorney, you can generate this code and use it on the GOV.UK “View a LPA” service Link opens in a new window. It gives a quick, secure way to view a summary of the LPA online.

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.

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
  You need to have full mental capacity to set this up. It’s useful when you need to let someone temporarily access your account.
  
  It’s quick and free to set up. You can:
  - Grant specific access to someone you trust
  - Choose what they can and can’t do
  - Let them write cheques or make payments
  - Request a debit card and account number in their name
  
  There are some limits, for example, we can't offer online access or credit cards
  
  To set this up, get in touch or visit your nearest branch.
• In Scotland, apply for a guardianship
  - Allows someone to act for a person who has lost mental capacity
  - Can be time-consuming and costly
• 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.

• Current accounts

  Must be opened in branch. The attorney will need to bring valid ID and any supporting documents listed in the Add Legal Powers form.

  Find your nearest branch

• Savings accounts

  Use the forms below to get started.

  • Virgin Money Online SavingsPDF, 231KB
  • Virgin Money Online ISAPDF, 329KB

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, visit the Office of the Public Guardian's safeguarding guidance Link opens in a new window.