Power of attorney guidance

This is a legal agreement between you (the ‘Donor’) and your Attorneys that authorises them to make decisions on your behalf. You can also choose whether your Attorneys make decisions together or are able to act independently of one another. It can cover any of your personal, financial and social affairs. You need to be over the age of 18 and able to make your own decisions if you wish to put in place a PoA.

There are different types of PoA:

If you live in England or Wales

• Health and welfare lasting PoA: Your Attorneys can make decisions about matters relating to only your health and welfare. This may include decisions related to your medical treatments and care and your daily routine, for example washing, dressing and eating or moving into a care home. The PoA needs to be registered with the Office of the Public Guardian before it can be used. It can also only be used once you are no longer able to make your own decisions.
• Property and financial affairs lasting PoA: This allows your Attorneys to make decisions on your behalf regarding only your property and financial affairs. This may include everyday finances such as paying bills/loans, saving money, making investments decisions, and managing the sale/ purchase of a home. The PoA needs to be registered with the Office of the Public Guardian before it can be used. It can be used while you are still able to make decisions unless noted otherwise in the PoA.

If you live in Scotland

• Welfare PoA: This allows your Attorneys to make decisions on your behalf in respect of health and welfare matters. It needs to be registered with the Office of the Public Guardian (Scotland) before it can be used. It can also only be used once you are no longer able to make your own decisions.
• Continuing PoA: This allows your Attorneys to make decisions on your behalf in respect of financial matters. It needs to be registered with the Office of the Public Guardian (Scotland) before it can be used. It can be used while you are still able to make decisions unless noted otherwise in the PoA.
• Combined PoA: This allows your Attorneys to make decisions on your behalf in respect of both welfare and financial matters. It needs to be registered with the Office of the Public Guardian (Scotland) before it can be used

If you live in Northern Ireland

A PoA can cover any of your financial or welfare matters. It can only be used once it is signed by the Attorneys unless noted otherwise in the PoA. If it is an Enduring PoA, it continues to be in place when you are no longer able to make your own decisions. It needs to be registered with the Office of Care and Protection at that point.

If you live anywhere in the UK

General (or ordinary) PoA: Under a general PoA, you can give your Attorneys wide ranging powers or alternatively, very specific powers, for example to sign certain documents on your behalf. It does not need to be registered and cannot be used once you are no longer able to make your own decisions.

You will need to create a separate PoA if you are a trustee of a trust and wish your Attorneys to act on your behalf in your role as trustee where this is permitted under the terms of the trust.

 

We need to review the PoA you have put in place to determine whether your Attorneys can make decisions on your behalf in respect of your investment with us. For example, we could not accept a welfare PoA or a general PoA which restricts your Attorneys’ authority with regard to investment decisions.

We need to see the original PoA or an appropriately certified copy. Your documents should be certified by a Solicitor or Lawyer (registered in the UK), bank or building society official, financial adviser, mortgage broker, stockbroker, or accountant). The authorised signatory must date and sign the document stating, ‘original seen’. The person undertaking the certification must be easy to contact and not a family member. The certification must be dated within the last 6 months. We cannot accept digital copies.