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Power of Attorney

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What is a Power of Attorney Open in new window

Types of Power of Attorney Open in new window

What can an attorney do? Open in new window

Common questions Open in new window

Organisations that can help Open in new window

What is a Power of Attorney?

A Power of Attorney (POA) is a legal document that lets someone you trust make decisions for you if you're unable or prefer not to make them yourself.

The person who gives this permission is called the donor.
The person who receives the permission is called an attorney.

Choosing someone to act as your attorney is an important decision. It should be someone you trust — maybe a family member, a close friend, or a professional like a solicitor.

You must set up your Power of Attorney while you're still able to make your own decisions, so everything's sorted well in advance.

Information Message

We only accept a Power of Attorney registered where the bank account(s) are held. You'll need to register it with us before we can act on it.

Types of Power of Attorney

The type of Power of Attorney you choose will depend on what you need and where you live.

Non-lasting / non-enduring (General or Specific) Power of Attorney

A Non-lasting / non-enduring Power of Attorney lets someone act for the donor while the donor still has mental capacity. It ends automatically if the donor can no longer make decisions. It must be made under local law, and the donor can cancel it at any time.

If the POA is more than a year old, we will ask the donor to confirm it's still in place, just so we know it's valid and they still wants it to be used.

Lasting Power of Attorney (LPA)

Jersey, Guernsey and Gibraltar

A Lasting Power of Attorney (LPA) lets a donor choose someone they trust to help manage their health, wellbeing or financial matters in the future. An LPA must be set up while the donor still has mental capacity and must be written under local laws.

For our purposes, the LPA must clearly state that the attorney is allowed to manage the donor's property and financial affairs.

The donor can choose for the LPA to be used straight away,while they still have capacity, or it can take effect only if they're no longer able to make decisions.

You only need to register an LPA with us when the donor needs help managing their finances. In some circumstances, we may ask for medical confirmation that the donor is no longer able to make their own decisions, just so we can make sure the LPA is being used correctly.

Enduring Power of Attorney (EPA)

Isle of Man only

An Enduring Power of Attorney (EPA) lets a donor choose someone they trust to help manage their property and financial affairs. An EPA must be set up while the donor still has mental capacity and must follow Isle of Man law.

The donor can choose to let the EPA be used straight away, while they still have capacity, or the attorney can step in later if the donor starts to lose the ability to make decisions.

If the donor is losing, or has lost, mental capacity, the EPA must be registered with the Isle of Man courts before it can continue to be used.

Foreign / UK Power of Attorney

We can't accept a Power of Attorney unless it's registered in the jurisdiction where the donor's bank account(s) are held. UK Powers of Attorney may be accepted in the Isle of Man in exceptional circumstances.

If there's no Power of Attorney in place

If someone can no longer make decisions for themselves and they don't have a Power of Attorney in place, the local court will appoint someone to manage their finances.

This is usually a family member or close friend. If no one is available, it's common in the Isle of Man for the Attorney General's Office to be appointed, and in Jersey, the Viscount's Department.

Once the court has made its decision, it will issue a Certificate confirming who has the authority to act. What this role is called depends on the jurisdiction:

Jersey: Delegate
Guernsey: Receivership
Isle of Man: Receivership or appointment by the Attorney General
Gibraltar: Court of Protection (COP)

To register the appointment, we'll need:

The original court Certificate confirming the appointment
Proof of identity for the appointed person
Proof of address for the appointed person

What can an attorney do?

An attorney can help someone manage their money or make financial decisions on their behalf.

A Power of Attorney (POA) may also include restrictions or instructions that limit what the attorney can do. For example, it may state that they can only manage certain accounts.

If more than one attorney has been appointed, the POA will explain how they must make decisions:

Jointly
All attorneys must agree before any decision is made for the donor.
Jointly and severally
Attorneys can make decisions together or on their own.

If attorneys are appointed to act jointly, they must always act together. This means we can’t offer services that require individual access, such as debit cards, online banking, mobile banking, or telephone banking.

Where the POA allows it, an attorney may carry out everyday banking tasks such as making payments, managing regular bills, and discussing the donor’s accounts with us.

Using a Power of Attorney on a joint account

A Power of Attorney can't be used on a joint account unless everyone named on the account agrees. If you want to use a Power of Attorney on a joint account:

All account holders must agree before it can be used
If one account holder does not agree, the account will continue to require instructions from both customers

How to register a Power of Attorney with us

To register a Power of Attorney with us, we'll need a certified copy of the POA document that clearly shows the attorney is allowed to manage the donor's property and financial affairs.

To get things started:

Complete our referral form
We’ll call you to arrange a branch appointment and let you know what you'll need to bring.
We'll ask you to email the POA document before your appointment so we can review it in advance.

When you visit the branch, please bring:

The original or a certified copy of the POA document
We'll need the front page certified, including confirmation of the total number of pages (for example, “Pages 1–9”). If your POA hasn't been certified, we can arrange this in the branch.
Proof of identity and address
We'll let you know what you'll need to bring.

Complete our referral form Open in new window

Common questions

What documents should I bring to the branch appointment?

When you visit the branch, please bring:

The original or a certified copy of the Power of Attorney document
We'll need the front page certified, including confirmation of the total number of pages (for example, “Pages 1–9”). If your POA hasn't been certified, we can arrange this in the branch.
Proof of identity and address
We'll let you know what you'll need to bring.