Power of attorney | Barclays (2023)

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A power of attorney (PoA) is a legal document that lets a person make decisions about property and finances on someone else’s behalf. The process of setting it up can be complicated, and it’s often needed at a difficult time, which is why we’re here to support you in any way we can.

Register a power of attorney

If you already have a PoA set up, you’ll need to register it with us before you can use it.

Register with us

  • A PoA is a legal document that gives someone (the ‘attorney’, in legal documentation) the authority to make decisions about property and finances on behalf of someone else (the ‘donor’). In some cases, what the attorney can and can’t do will depend on the donor’s ability to make decisions about their finances.

    There are different types of PoA, which we’ll explain in detail. If you want to register a PoA with us, it needs to relate to property and financial affairs.

    (Video) Power of Attorney Explained

    For all types of power of attorney

    The donor and attorney must be aged 18 or over

    They both need to have mental capacity at the time the PoA is signed

    A PoA only lasts as long as the donor is alive

    A PoA isn’t like a joint bank account – an attorney can only help manage a donor’s account in the way they want them to. They won’t have any legal claim to any money

    Temporary support

    General power of attorney (GPA), sometimes known as an ordinary power of attorney, is suitable to give someone the ability to help manage your finances for a short amount of time – for example, if you go to hospital or travel overseas.

    You may also want to consider other options to make sure you make the right choice for your circumstances.

    Authorised users

    Third-party authority

    Long-term support

    Lasting power of attorney (LPA) is a longer-term solution, if you need help managing your finances on a permanent basis. You can apply for a LPA on the government’s website gov.uk, using paper forms or by seeking independent legal advice.

    To be used, you’ll need to register the LPA with the Office of the Public Guardian. We strongly suggest you do this as soon as you’ve done the paperwork to avoid delays or finding errors when you need the LPA. Once you have, you’ll still remain in full control of your money until you’re no longer able – it can be used even if you were to lose mental capacity.

    Enduring power of attorney (EPA) was replaced by LPA in 2007. If you have an EPA that was signed before 1 October 2007, you can still use it.

    If you lose your mental capacity, the EPA must be registered with the Office of Public Guardian.

    Scottish power of attorney

    If you live in Scotland, there’s a Scottish Office of the Public Guardian that offers

    • Continuing power of attorney, giving attorneys the authority to deal with finances and property
    • Welfare power of attorney, giving attorneys the power to make decisions about health or personal welfare matters. You can’t use this with a bank or building society
    • Combined power of attorney, giving attorneys both continuing and welfare rights
  • As attorneys will be making decisions for you, you should choose people you trust, such as family members, close friends or a professional (such as a solicitor).

    When deciding who to appoint, we recommend you read about an attorney’s responsibilities.

    You can name more than one attorney to act on your behalf, but you’ll need to decide whether you’d like them to act ‘jointly’ or ‘jointly and severally.’ This will affect how they manage your account – see below for details.

    Jointly and severally

    Attorneys can choose to act independently or together. They can manage your account in Telephone and Online Banking, and have a debit card for your account.

    (Video) The 4 Types of Powers of Attorney - EXPLAINED

    Jointly

    All attorneys will need to be present to carry out a transaction and they won’t be able to manage your account using Telephone Banking or Online Banking, or have a debit card for your account.

    If you have more than one attorney, but one decides they can no longer act, becomes bankrupt, mentally incapable or dies, the PoA will no longer be valid.

  • They can manage a donor’s affairs. This includes

    • Money and bills
    • Bank and building society accounts
    • Property and investments
    • Pensions and benefits

    Attorneys should keep accounts 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. Those accounts should include copies of bank statements for the period they’ve been acting – we can help with this.

    When a donor is setting up the Power of Attorney, they may add restrictions or clauses to the way the attorney can act. For example, a PoA might say that the attorney isn’t allowed to act until the donor has lost mental capacity or that they can only act on a specified account.

    It‘s the attorney‘s responsibility to follow any restrictions. We can help with this – call us on 0345 075 74751and choose option 1.

  • Register with us

    Make an appointment

    • The best way to register a PoA with us is by an appointment in a branch. This way we can answer any questions you might have there and then
    • Only the attorneys need to attend – the donor doesn’t. If there’s more than one attorney, they can do this separately, at different times and in different branches. If they’re acting ‘Jointly’ we’ll only set up access once they’ve all visited us
    • Appointments generally last around an hour

    Find your nearest branch.

    Please see below for the documents the attorneys will need for their appointment.

    If you can’t visit a branch

    Please call 0345 075 74752and choose option 1. We’ll explain the registration process, send you a submission form and let you know what we need you to send us.

    If you don’t already bank with us, you’ll need ID documents such as a passport or photocard driving licence. You’ll also need to have access to a smartphone or tablet, as we’ll ask you to(verify your identity)using the Barclays app.

    Documents you’ll need for a branch appointment

    (Video) Every American Adult Needs a Power of Attorney in 2022

    ID

    If you already bank with us and have a debit card, you’ll need to bring it with you and know your PIN.

    If you don’t already bank with us, we’ll need you to verify your identity before your appointment using the Barclays app (verify your identity). If you can’t use the app, don’t worry, you’ll just need to bring your ID and proof of identity to your appointment. Please check our identifications pageto see what you’ll need.

    Documents

    We’ll need to see the full original or certified legal document, not just the summary page. This can be several pages long, so please make sure you bring it all.

    For new lasting powers of attorney, we might be able to accept your access code instead of the full document, if you’ve used the Office of the Public Guardian’s ‘Use LPA’ service. Codes last 30 days, so make sure it hasn’t expired. There are exclusions – for example, we’ll still need the full document if the donor has specified any preferences and instructions.

    What happens next

    Once we receive everything we need, we’ll aim to set up their access within 10 working days. If we need anything else from you, we’ll get in touch by email or phone.

    When it’s set up, we’ll send you a letter to confirm that you have access, along with anything else you asked for, such as Online and Telephone Banking details or debit cards.

  • The type of authority you have will affect how you can manage the person’s accounts once you’re registered with us. Depending on whether you have power of attorney, a Court of Protection order or third-party authority, you’ll have access to these features.

    FeatureIf you’re appointed to act ‘jointly and severallyIf you’re appointed to act ‘jointly
    Debit card
    Online Banking
    Telephone Banking
    Barclays app
    Manned counter in branchAll attorneys must be together
    Self-service machines in branch

    Cheque book (only available if the person has lost mental capacity)

    All attorneysmust sign together

    Using Telephone Banking

    If you have a question or need to make a transfer but can’t visit a branch, call our Telephone Banking teamon 0345 734 53451(+44 24 7684 21003if you’re abroad). You’ll need your Telephone Banking membership number and passcode when you call – we’ll have sent you this in a letter when you registered with us.

    Logging in to Online Banking

    Our handyBanking from homeguide explains how to make transfers and manage payments.

    Power of attorney | Barclays (1)

    If you already bank with us

    • Log in using the membership details for your own account
    • To switch between your accounts and the person’s accounts you’re managing, select ‘Switch customer’ in the help bar or go to ‘Profile’ and select the person’s name at the bottom of the dropdown box
    Power of attorney | Barclays (2)

    If you’re new to Barclays and logging in for the first time

    • If you’re eligible and chose to manage your accounts with Online Banking when you registered with us, we’ll have sent you a membership number and passcode
    • Go to our log inpage, and enter your surname and 12-digit membership number
    • Enter your 5-digit passcode and create a memorable word that contains both letters and a number, then select ‘Log in’
    • You’ll then see the name of the person you’re linked to. Select the person whose account you want to manage, then ‘Manage’
  • The Office of the Public Guardian has a support line that anyone can contact if they have any concerns about an attorney. More details can be found atgov.uk/report-concern-about-attorney-deputy.

Third-party authority

A third-party authority is a temporary arrangement between you and someone you trust to access your bank accounts with us on your behalf.

Third-party authority

Court of Protection order

A Court of Protection (CoP) order is a legal document that lets a person (the ‘deputy’, in legal documentation) make decisions about property and finances on behalf of someone who, due to mental incapacity, can no longer make those decisions themselves (the ‘donor’). The process of setting it up can be complicated, and it’s often needed at a difficult time, which is why we’re here to support you in any way we can.

Court of Protection

Guardianship (missing persons) order

A guardianship (missing persons) order (GMPO) is a court-appointed document that lets someone take care of the property and finances of a person who’s been missing for an extended period of time.

Missing persons order

Appointeeship

An appointeeship lets someone manage someone else’s government benefits and claims.

Appointeeship

(Video) Eight Power Of Attorney Mistakes

Important information

  1. Lines are open Monday to Friday from 7am to 8pm, and Saturday and Sunday from 9am to 5pm.. To maintain a quality service, we may monitor and record phone calls. Call charges.Return to reference

  2. Lines are open Monday to Friday, 9am to 5pm and Saturdays, 9am to 2pm. To maintain a quality service, we may monitor and record phone calls.Call charges.Return to reference

  3. To maintain a quality service, we may monitor and record phone calls. Calls to 0800 numbers are free when calling from a UK landline or personal mobile but charges may apply when calling from abroad. Calls to 03 numbers use free plan minutes if available. Otherwise, they cost the same as 01/02 prefix calls.Call chargesReturn to reference

    (Video) How to Notarize a Power of Attorney

FAQs

Can I do online banking if I have power of attorney? ›

We can't given you online and mobile banking if you have a general power of attorney.

Can you open a bank account with power of attorney? ›

An Attorney(s) is able to open a new Savings Account on behalf of the Donor, providing that there are no limitations in the document preventing this. For example the Power of Attorney may prevent the Attorney(s) acting until the Donor has lost their mental and/or physical capacity.

What does a certified copy of LPA look like? ›

You can tell if an LPA is registered by looking at the front page (reproduced here) of the document. Every version of a registered LPA will have a perforated stamp at the bottom of the front page, saying 'Validated'. A stamp or box – or both – on the front page of the form will also show the date of registration.

How does a power of attorney get activated? ›

Your LPA needs to be registered by the Court of Protection before it can be activated. You have two options, you can either register the Lasting Power of Attorney as soon as it's in place and signed by you and your attorney, or leave it to be registered at a later date.

Can I withdraw money if I have power of attorney? ›

This means there are no restrictions set out in the document on how you can manage the donor's money. For example, there's no limit to how much cash you can take out or which accounts you can access. This means you can make decisions on your own or with other attorneys.

Is a lasting power of attorney worth it? ›

Indeed a power of attorney is vital for anyone – regardless of age – who has money and assets to protect and/or who wants someone to act in their best interest in terms of healthcare choices should they be unable to make decisions for themselves.

Do you need to keep receipts for power of attorney? ›

You can be ordered to repay the donor's money if you misuse it or make decisions to benefit yourself. Keep your receipts and invoice the donor for your expenses. The money is paid by whoever's in charge of the donor's funds.

Can power of attorney keep family away? ›

An agent under a financial power of attorney should not have the right to bar a sibling from seeing their parent. A medical power of attorney may give the agent the right to prevent access to a parent if the agent believes the visit would be detrimental to the parent's health. Revoking a power of attorney.

What Does power of attorney allow you to do? ›

A power of attorney gives the attorney the legal authority to deal with third parties such as banks or the local council. Some types of power of attorney also give the attorney the legal power to make a decision on behalf of someone else such as where they should live or whether they should see a doctor.

How much does it cost to get a certified copy of a power of attorney? ›

Cheap and quick – from just £12.75 you can get document copies instantly.

Who can certify copies of power of attorney? ›

The following professions are all able to certify documents in the UK:
  • Notary Public.
  • Commissioner for Oaths.
  • Solicitor.
  • Bank or Building Society official.
  • Chartered Accountant.
  • Chartered Surveyor.
  • Dentist.
  • Doctor.
18 Feb 2022

Can you get another copy of a power of attorney? ›

You can get a certified copy from the Office of the Public Guardian if its been registered. Solicitor could have a copy or original and can also provide certified copies if they hold original. The solicitor better have registered it.

Do all siblings have to agree on power of attorney? ›

You can either make it so that everyone has to agree to something before it can be done, or that anyone of you can make the decision.

Does power of attorney override a will? ›

Can a Power of Attorney change a will? It's always best to make sure you have a will in place – especially when appointing a Power of Attorney. Your attorney can change an existing will, but only if you're not 'of sound mind' and are incapable to do it yourself. As ever, these changes should be made in your interest.

How long does it take to activate power of attorney? ›

It usually takes 8 to 10 weeks for The Office of the Public Guardian to register a power of attorney, so long as there are no mistakes on the form. It may take longer if there are issues they want to look into, although this is rare.

What are the disadvantages of power of attorney? ›

What Are the Disadvantages of a Power of Attorney?
  • A Power of Attorney Could Leave You Vulnerable to Abuse. ...
  • If You Make Mistakes In Its Creation, Your Power Of Attorney Won't Grant the Expected Authority. ...
  • A Power Of Attorney Doesn't Address What Happens to Assets After Your Death.
4 Sept 2018

Is a bank account frozen when someone dies? ›

The executor or administrator will need to show a copy of the death certificate to any relevant banks. The banks will then freeze the accounts until a Grant of Probate has been awarded. It's important to notify any relevant financial institutions as soon as possible after a death.

Can a power of attorney transfer property to themselves? ›

Can the power of attorney sell the property to themselves? While the power of attorney LPA can normally buy and sell property, when considering selling property to himself, the attorney would need to contact the Office of the Public Guardian.

What is the best power of attorney to have? ›

A general power of attorney allows the agent to make a wide range of decisions. This is your best option if you want to maximize the person's freedom to handle your assets and manage your care. A limited power of attorney restricts the agent's power to particular assets.

What happens if someone has dementia and no power of attorney? ›

If you don't make an LPA and later become unable to make decisions yourself, nobody will legally be able to make decisions for you. This can make things difficult for your family as they won't be able to pay bills or make decisions about your care.

How much does a lasting power of attorney cost UK? ›

It costs £82 to register each LPA unless you get a reduction or exemption. This means it costs £164 to register both a property and financial affairs LPA and a health and welfare LPA . You can pay by: credit or debit card.

What expenses can an attorney claim? ›

The types of expenses that you can claim for are those that relate to your role as someone's attorney. They include products and services such as: Hiring a professional (e.g. a tax adviser) Phone calls and travel costs.

How long should power of attorney keep records? ›

The general consensus is that the minimum legal document retention time for most types of records should be at least six years, as this is the primary limitation period under the Limitation Act of 1980. Other legal documents, on the other hand, must be retained for a period of at least 15 years or more.

Do I need to change address on power of attorney? ›

It is not possible to amend an EPA or LPA once signed. Any changes would require a new document. However a change of address does not require an updated document. We would recommend that you send a note, signed by you, with the new details, to whoever has prepared your EPA or LPA – normally this is a law firm.

What happens if power of attorneys disagree? ›

If power of attorney co-agents disagree on a financial decision and the principal is mentally competent and not physically incapacitated, then the principal's decision supersedes the representatives. The principal also has the authority to revoke an agent's authority.

Does the oldest child have power of attorney? ›

The oldest child does not automatically have power of attorney. A power of attorney must be granted in a formal written document and properly executed in line with state law. The oldest child will only have the power of attorney if their parent executed a written power of attorney appointing them.

Can power of attorney be challenged? ›

The power of attorney is a legal binding document but it can be revoked or challenge by someone until you are competent to alter or change.

Why do you need power of attorney? ›

A power of attorney is a legal document that allows someone to make decisions for you, or act on your behalf, if you're no longer able to or if you no longer want to make your own decisions.

What are the 3 power of attorney? ›

There are 3 different types of power of attorney: lasting power of attorney (LPA), enduring power of attorney (EPA) and ordinary power of attorney. LPAs came into force in October 2007. Before that, people made EPAs. It's no longer possible to make an EPA, but an EPA made before October 2007 remains valid.

Does power of attorney override social services? ›

Incidents like this can be prevented by creating a health and welfare lasting power of attorney (LPA) and giving it to a family member. Social services are then prevented from making care decisions.

Can I set up online banking for my mum if I have power of attorney? ›

You would need a general power of attorney, both third party access and general power require your mum to have capacity. Rules vary between banks.

Does the post office certify documents? ›

The Post Office document certification service is for customers who need to have photocopies of identity documents certified as being a true likeness of the original. It is vital you make sure this service will be acceptable to the intended recipient of the certified copies.

How do you get a certified copy of a document? ›

How do I certify a copy of a document?
  1. The document's custodian requests a certified copy. ...
  2. The Notary compares the original and the copy. ...
  3. The Notary certifies that the copy is accurate.
9 Apr 2014

How do I certify a power of attorney? ›

Every page needs to have: The words: “I certify this to be a true and complete copy of the [type] power of attorney”. So, if it was a copy of a lasting power of attorney, you'd write: “I certify this to be a true and complete copy of the lasting power of attorney”. It can be either written or stamped.

Who can act as a notary? ›

Solicitors and barristers who have qualified within the last 5 years. Holders of a law degree from an English University awarded within the last 5 years. Those who have successfully completed a CPE or LPC course within the last 5 years.

What is the wording for certifying documents? ›

How to certify a document. Take the photocopied document and the original and ask the person to certify the copy by: writing 'Certified to be a true copy of the original seen by me' on the document. signing and dating it.

What is a replacement power of attorney? ›

Replacement attorneys are people you choose to step in if one of your original attorneys can no longer make decisions on your behalf. A replacement attorney will step in if one of your attorneys: dies. loses mental capacity.

How do you check if an LPA has been registered? ›

Apply to search the Office of the Public Guardian ( OPG ) registers to see if someone has another person acting on their behalf. This can be: an attorney under a lasting power of attorney.

Where can I get a copy of an LPA? ›

If you lose your LPA/EPA forms, you can request an official copy for a small fee by contacting us. If extra copies are needed, the donor or a solicitor can create certified copies depending on mental capacity. For information on copies, go online 💻 gov.uk/power-of-attor…

Can I set up online banking for my mum if I have power of attorney? ›

You would need a general power of attorney, both third party access and general power require your mum to have capacity. Rules vary between banks.

What is a power of attorney online account? ›

Power of Attorney lets you arrange for someone you trust to make decisions on your behalf and manage your finances on your behalf. You may want to do this due to a change in your health or a change in your circumstances, such as moving abroad.

What does POA mean on a checking account? ›

updated May 02, 2022 · 5min read. If you need to give another person the ability to conduct your financial matters when you can't or unable to be present, a financial power of attorney (POA) may be your solution.

Does a power of attorney need to be notarized in Idaho? ›

The power of attorney does not need to be notarized or recorded to be valid. However, if the power is recorded, any revocation of the power by a writing must also be recorded before the revocation is effective. History: [I.C., sec.

How do I control my elderly parents finances? ›

Here are eight steps to taking on management of your parents' finances.
  1. Start the conversation early. ...
  2. Make gradual changes if possible. ...
  3. Take inventory of financial and legal documents. ...
  4. Simplify bills and take over financial tasks. ...
  5. Consider a power of attorney. ...
  6. Communicate and document your moves. ...
  7. Keep your finances separate.

How do I protect my elderly parents bank account? ›

With power of attorney, an adult child can handle financial matters on their aging parent's behalf. This means they can deposit social security checks, pay bills, or manage investments. With financial power of attorney, a child can also maintain or sell assets and access bank accounts.

Can power of attorney keep family away? ›

An agent under a financial power of attorney should not have the right to bar a sibling from seeing their parent. A medical power of attorney may give the agent the right to prevent access to a parent if the agent believes the visit would be detrimental to the parent's health. Revoking a power of attorney.

What is the best power of attorney to have? ›

A general power of attorney allows the agent to make a wide range of decisions. This is your best option if you want to maximize the person's freedom to handle your assets and manage your care. A limited power of attorney restricts the agent's power to particular assets.

Do you need to keep receipts for power of attorney? ›

You can be ordered to repay the donor's money if you misuse it or make decisions to benefit yourself. Keep your receipts and invoice the donor for your expenses. The money is paid by whoever's in charge of the donor's funds.

What happens if you don't have power of attorney? ›

If you are unable to manage your affairs, for example due to a stroke or a debilitating illness, and you don't have a lasting power of attorney in place, your loved ones will have to apply to the courts to have someone appointed to manage your affairs, costing time and money.

Can power of attorney use bank account after death? ›

Power of Attorney

If you were appointed as an attorney of the deceased person, you might have been able to access their bank account during their lifetime. However, Power of Attorney ends when the grantor dies, and so you no longer have the authority to carry out the same functions as you did in their lifetime.

What can power of attorney spend money on? ›

You can use the donor's money to look after their home and buy anything they need day to day (for example, food). Discuss decisions that affect the donor's living arrangements, medical care or daily routine with their health and welfare attorney, if they have one.

Does the oldest child have power of attorney? ›

The oldest child does not automatically have power of attorney. A power of attorney must be granted in a formal written document and properly executed in line with state law. The oldest child will only have the power of attorney if their parent executed a written power of attorney appointing them.

What is a durable power of attorney in Idaho? ›

An Idaho durable statutory power of attorney is a type of legal document where one person (the “principal”) grants financial authority to another person (the “agent”), such as a close relative or friend. The financial powers granted through a power of attorney can be as broad or as limited as the principal desires.

How do I file a power of attorney in Idaho? ›

Steps for Making a Financial Power of Attorney in Idaho
  1. Create the POA Using a Statutory Form, Software, or Attorney. ...
  2. Sign the POA in the Presence of a Notary Public. ...
  3. Store the Original POA in a Safe Place. ...
  4. Give a Copy to Your Agent or Attorney-in-Fact. ...
  5. File a Copy With the Recorder's Office.

Does a living will need to be notarized in Idaho? ›

Having your signature on your Living Will witnessed or notarized is a good idea, and is certainly permissible, but is not necessary.

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