Registering Power of Attorney with a Bank: A Step-by-Step UK Guide

So, you've sorted out your Lasting Power of Attorney (LPA) and got it registered with the OPG. That's a big step! But if you want your chosen attorneys to be able to manage your bank accounts, you'll need to let the bank know too. It sounds a bit fiddly, but it's really just about making sure everything's in order so your attorneys can help you out when you need it. This guide will walk you through the process of registering power of attorney with a bank, step by step.

Key Takeaways

• Before your attorneys can use your LPA for financial matters, you usually need to register it with the specific bank(s) you use.

• Banks need to verify the LPA to make sure it's legitimate and that your attorneys have the authority to act.

• You'll typically need to provide the registered LPA document and proof of identity for both yourself and your attorneys.

• Some banks have online portals or specific procedures for registering LPAs, while others may require you to visit a branch.

• Once registered, your attorneys can manage your accounts according to the terms of the LPA.

Understanding Lasting Power Of Attorney

Right then, let's get stuck into what a Lasting Power of Attorney, or LPA, actually is. It's basically a legal document that lets you appoint someone you trust – called an 'attorney' – to make decisions for you. This is super handy if you ever find yourself unable to make those decisions yourself, perhaps due to an accident or illness. It means your wishes are still followed.

What is a Lasting Power Of Attorney?

An LPA is a way to give someone else the power to act on your behalf. Think of it as a safety net for your future. You're the 'donor' and the person you choose is the 'attorney'. It's a legally binding document, but it only becomes active when you've registered it with the Office of the Public Guardian (OPG). Without registration, it's just a piece of paper.

It's important to remember that you must have the mental capacity to make an LPA. This means you need to be able to understand the information relevant to making a decision and retain that information, even if only for a short time, and use or weigh that information as part of the process of making the decision, or communicate your decision in whatever way, including through assistive technology.

Types of Lasting Power Of Attorney

There are two main types of LPA you can set up:

• Property and Financial Affairs LPA: This covers decisions about your money and property. It can include things like managing your bank accounts, paying bills, collecting pensions, or even selling your house. You can choose if this LPA can be used as soon as it's registered, or only when you lose mental capacity.

• Health and Welfare LPA: This type of LPA deals with decisions about your personal wellbeing. This includes things like your daily routine (washing, eating), medical care, where you live (like moving into a care home), and even life-sustaining treatment. This type of LPA can only be used once you've lost the mental capacity to make these decisions yourself.

You can choose to make just one type, or both, depending on what you need. It's a good idea to think carefully about which one, or both, suits your situation best. You can find out more about making an LPA on the GOV.UK website.

Eligibility To Make An LPA

To make an LPA, you need to be 18 or over. Crucially, you must also have the mental capacity to understand what you're doing when you create the document. You don't have to be a UK resident or a British citizen to make one, but if you need an LPA that works outside of England and Wales, you might need to get some specific legal advice.

Preparing Your Lasting Power Of Attorney

So, you've decided to get a Lasting Power of Attorney (LPA) sorted. That's a big step, and it's good you're looking into the details. Before you can even think about registering it with the bank, you've got to get the actual LPA document right. It's not just a case of scribbling something down; there are specific forms and rules to follow.

Choosing Your Attorneys

This is a really important bit. You need to pick people you trust implicitly to make decisions for you, whether that's about your money or your health. Think carefully about who you choose. You can appoint more than one person, and you'll need to decide if they act 'jointly' (meaning they all have to agree on decisions) or 'jointly and severally' (meaning any one of them can make a decision on their own). It's worth having a chat with them beforehand to make sure they're happy to take on the role. Remember, as an attorney, you must always act honestly and in the donor's best interests when managing their property and money matters. You can find out more about your responsibilities.

Completing The LPA Forms

Right, the forms themselves. You'll need to use specific LPA forms, depending on whether it's for property and financial affairs or health and welfare. You can get these from the government website. There are different sections to fill in, covering things like when your attorneys can start making decisions and who needs to be notified. It's a bit like filling out a tax return, but with more significant consequences if you get it wrong. You can fill them out online, which might be easier if you're comfortable with computers, or you can get paper copies.

Witnessing And Signing Requirements

This is where things get a bit formal. The LPA needs to be signed by you (the donor), your chosen attorneys, and a certificate provider. The certificate provider is someone who confirms you have the mental capacity to make the LPA and that you understand what you're signing. They can't be one of your attorneys or someone related to you or your attorneys. Then, there are witnesses. You and your attorneys need to sign the document in front of witnesses, but crucially, you can't witness each other's signatures. It's a bit of a dance to get all the signatures in the right order, so read the instructions carefully. If you get this wrong, the LPA won't be valid.

It's really important to get the signing and witnessing right. If the forms aren't completed correctly, the Office of the Public Guardian won't register it, and your attorneys won't be able to act on your behalf. Double-checking everything is key.

Here's a quick rundown of who needs to sign:

• Donor: You, the person making the LPA.

• Attorneys: The people you've chosen to act for you.

• Certificate Provider: Someone who confirms your mental capacity.

• Witnesses: Impartial people who see the signing happen.

Make sure everyone signs in the correct sections and on the correct dates. It's a good idea to have all the signing done on the same day if possible, but it's not always practical. Just ensure the order is correct.

Registering Your Lasting Power Of Attorney With The OPG

Right then, so you've got your Lasting Power of Attorney (LPA) all filled out and signed. That's a big step! But here's the thing, it's not actually usable yet. Nope, before your chosen attorneys can do anything with it, like manage your bank accounts, it needs to be officially registered with the Office of the Public Guardian (OPG). Think of it as getting the official stamp of approval.

The Registration Process

So, who actually does the registering? It can be you, the person making the LPA (that's the donor), or one of your attorneys. If you've appointed attorneys to act 'jointly and severally', meaning they can act independently, then one of them can usually handle the registration on their own. However, if they're appointed to act 'jointly', meaning they all have to agree on decisions, then they'll all need to apply together. It's really important to check section 3 of your LPA form to see how your attorneys were appointed.

Once you've decided who's applying, you'll need to send the original LPA form to the OPG. Along with that, you'll need to fill out a form called LP3, which is for 'people to notify'. These are the folks you listed in your LPA who should be kept informed. You have to send them their own copy of the LP3 form, and it gives them a chance to raise any objections if they have concerns about the LPA being registered. This notification process means there's a mandatory four-week waiting period before the OPG can proceed with the registration.

Fees For Registration

There's a fee to register your LPA with the OPG. You can find the current fee on the GOV.UK website or by giving them a call. It's worth noting that if the person making the LPA has a low income, they might be eligible for a reduced fee or even no fee at all. To apply for this, you'll need to fill out a separate form, LPA120, and provide evidence of income. Just a heads-up, these reduced fee applications can sometimes get delayed or refused if they're not filled out correctly, so make sure you've got all the right evidence and it covers the correct period.

How Long Registration Takes

After you submit everything, the OPG will check the LPA to make sure it's all in order and that no valid objections have been raised during the notification period. If everything is correct, they'll register it and send the original, stamped LPA back to you. This whole process can take a while, often several weeks, especially if there are any queries or if you're applying for a fee reduction. It's generally a good idea to get the registration done as soon as possible after signing the LPA. This way, if there are any minor errors, the OPG might be able to help sort them out while the donor still has mental capacity. If you leave it too long and the donor loses capacity, any mistakes can't be fixed, and you might have to go to the Court of Protection, which is a much longer and more expensive route.

Registering Power Of Attorney With A Bank

Once your Lasting Power of Attorney (LPA) has been registered with the Office of the Public Guardian (OPG), you'll need to let your bank know. Banks can't act on an LPA until they've seen the official registered document. This is to make sure everything is legitimate and that they're dealing with the correct people.

Why Banks Need To Register Your LPA

Banks have a duty to protect their customers' accounts. When an LPA is in place, it means someone else (the attorney) can make decisions about the donor's finances. The bank needs to be sure that the person presenting the LPA is legally authorised to do so. This registration step is a vital safeguard against fraud and ensures that the bank is complying with its legal obligations. Without this confirmation, they simply can't allow attorneys access to accounts or allow them to make transactions on behalf of the donor.

How Banks Verify Your LPA

Banks typically have a dedicated team or process for handling LPAs. When you submit your LPA, they'll check it against the OPG's register. They're looking for a few key things:

• The OPG Registration Stamp: This confirms the LPA has been officially registered.

• Correct Details: They'll match the names of the donor and attorneys on the LPA with the details you provide.

• Attorney Authority: They'll check how the attorneys are appointed (e.g., jointly or jointly and severally) to understand who can act and how.

Some banks might also issue a unique access code or require a specific process to be followed, especially for digital banking.

What Information Banks Require

To register your LPA, you'll generally need to provide:

• The Original Registered LPA Document: Or a certified copy. Banks are usually quite strict about this.

• Identification for Attorneys: You'll likely need to provide proof of identity (like a passport or driving licence) and possibly proof of address for each attorney. This helps them confirm who you are.

• Donor's Details: Information about the person who made the LPA, such as their date of birth and account numbers.

It's always a good idea to check the specific requirements with your bank beforehand, as they can vary slightly.

The Bank Registration Procedure

So, you've got your Lasting Power of Attorney (LPA) all registered with the Office of the Public Guardian (OPG), which is a big step. But that's not quite the end of the road when it comes to banking. Banks need to officially recognise your LPA too, and there's a specific process for that. It's not always as straightforward as you might hope, so let's break down what usually happens.

Submitting Your LPA Documents

First things first, you'll need to get the actual LPA document to the bank. Most banks will want to see the original, or at least a certified copy. You can't just email a scan, unfortunately. Often, the best way is to book an appointment at a branch. This way, you can hand over the document and have a chat with someone who knows what they're doing. Some banks might have a specific department or process for handling LPAs, so it's worth checking their website or giving them a call first. You might need to fill out a specific form for the bank itself, which will ask for details about the LPA and your role as an attorney.

It's a good idea to have a look at how banks handle LPAs before you even start, as some are better than others.

Providing Identification

Naturally, the bank needs to be sure you are who you say you are, and that you are indeed the attorney named in the LPA. This means you'll need to provide proof of your identity. Typically, this will be a valid passport or a UK driving licence. They'll also likely need proof of your address, such as a recent utility bill or bank statement. The donor might also need to provide identification, especially if they are still involved in managing their finances. It's best to check with the specific bank what forms of ID they accept, as requirements can vary slightly.

Updating Contact Details

Once the bank has your LPA and your identification, they'll need to update their records. This is where you'll confirm the correct contact details for yourself as the attorney. If the donor has a mobile number and is still able to communicate, the bank might send a text to confirm things. They'll also usually send a confirmation letter once the registration is complete. If you're already registered for online banking, it's a good idea to log in and make sure all your contact information is current. If not, you can usually update this over the phone or in branch.

It's important to remember that the bank's registration process is separate from the OPG's. Even if the OPG has registered your LPA, the bank has its own checks to perform to ensure they are acting on valid instructions and protecting their customer's accounts.

Here's a general idea of what banks might ask for:

• Your Photo ID: Passport or Driving Licence

• Proof of Address: Utility Bill or Bank Statement (less than 3 months old)

• The Registered LPA: Original or Certified Copy

• Bank's Own Registration Form: If applicable

If you're unsure about any part of the process, don't hesitate to call the bank's general enquiries line. For example, HSBC UK can be reached on 0345 300 0000 for personal banking queries.

After Your LPA Is Registered With The Bank

Confirmation Of Registration

Once the Office of the Public Guardian (OPG) has processed your Lasting Power of Attorney (LPA) and registered it, they'll send the original document back to you, stamped to show it's officially valid. This is the document your bank will need. It's a good idea to keep this safe, perhaps with other important papers. If you've applied for a reduced fee, remember that mistakes on the LPA120 form can cause delays or outright refusal, so double-check everything before sending it off. It’s really important that the evidence of the donor’s income covers the correct period, including the date you're applying to register.

Accessing Banking Services

With the registered LPA in hand, your appointed attorneys can now start using it to manage your bank accounts. They'll need to present the original, stamped LPA to the bank. The bank will then review it to confirm it's been properly registered and that their details match those on the document. They might also ask for proof of identity for the attorneys themselves. It’s worth noting that if attorneys are appointed to act jointly, they must each sign and date the relevant section when applying for registration. If there are more than four joint attorneys, you'll need to make copies of this page for the others to sign.

Digital Banking Options

Many banks now offer digital ways to manage LPAs. While some might still prefer you to visit a branch with the original document, others allow you to upload a scanned copy or even use a secure online portal. It’s best to check with your specific bank about their preferred method for submitting the registered LPA. They might have specific requirements for digital submissions, such as needing a certified copy. Remember, the bank needs to be confident that the person acting on your behalf is legally authorised to do so, and the registered LPA is the key to that.

It's really important to get the registration process right the first time. If there are errors in the LPA and the donor has lost mental capacity, fixing them can become a lengthy and expensive court process, potentially leading to a deputyship instead. Checking the LPA against the provided checklist before sending it to the OPG can help avoid these issues.

Here's a quick rundown of what happens next:

• Attorneys present the LPA: Your chosen attorneys will take the original, stamped LPA to the bank.

• Bank verification: The bank will check the document's validity and the attorneys' identities.

• Account access: Once verified, attorneys can begin managing the accounts according to the LPA's terms. You can find more details on how to complete the necessary forms and the registration process on the OPG's guidance.

• Digital submission: Explore if your bank accepts digital uploads or online portals for submitting the LPA.

Once your Lasting Power of Attorney (LPA) is officially registered with the bank, it's time to make sure everything runs smoothly. This important step means your chosen person can now act on your behalf. For more guidance on managing your LPA after registration, visit our website.

Wrapping Up: What Happens Next

So, you've gone through the steps to get your Power of Attorney sorted with the bank. It can feel like a lot, but getting it registered properly means your chosen person can act on your behalf when needed. The bank will usually get in touch if they need anything else, and once everything's approved, they'll confirm it's all set up. This might include sending out a new debit card or setting up phone banking, depending on what the Power of Attorney allows. If you need to get set up with online banking, you can usually do that once the registration is complete, either by calling them or popping into a branch. They'll often send a text or a letter to confirm everything's been done, which is a good way to know it's all official.

Frequently Asked Questions

What exactly is a Lasting Power of Attorney (LPA)?

Think of an LPA as a special legal document. It lets you, the 'donor', choose trusted people, called 'attorneys', to make important decisions for you. These decisions can be about your money and property, or about your health and care. It’s a way to make sure someone you trust can look after your affairs if you can't yourself.

How do banks know my LPA is real?

Banks need to be sure your LPA is genuine before they let your attorneys manage your accounts. They usually check it against a register kept by the Office of the Public Guardian (OPG). They might also ask for proof of ID from the attorneys and sometimes the donor, and they'll compare signatures.

Do I have to register my LPA with the bank?

Yes, you absolutely do. Even though you've registered it with the OPG, each bank or building society needs to know about it separately. This is because they have their own procedures to follow to ensure everything is handled correctly and safely.

What happens after the bank registers my LPA?

Once the bank has accepted and registered your LPA, your attorneys can start making decisions on your behalf, like managing your bank account. The bank will likely confirm this in writing or via text, and you or your attorneys can then access the banking services as allowed by the LPA.

Can attorneys use my bank account straight away?

Not usually straight away. First, the LPA needs to be registered with the Office of the Public Guardian (OPG). After that, you or your attorneys need to register it with the specific bank. Only once the bank has processed this registration can your attorneys start using the account.

What if I used a digital service to create my LPA?

Some banks, like Nationwide, have online services to make registering your LPA easier. You might get an access code or need to create an account to share the LPA details. Always check with your specific bank about their preferred digital methods for registration.