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HSBC - Assisting someone manage their money

What is a power of attorney?

A power of attorney is a legal document whereby a customer (known as the donor) appoints one or more people (attorneys) to act on their behalf if they’re unable to manage their accounts.

The donor must have mental capacity to create a power of attorney. It’s usually done by a solicitor or through the government website. The power of attorney also needs to be registered with the Office of the Public Guardian before it can be used with HSBC.

You can find more about how to complete this process here: https://www.gov.uk/power-of-attorney/registerhttps://www.gov.uk/power-of-attorney/register This link will open in a new window.

Types of Power of Attorney

Lasting power of attorney 

There are two types of lasting power of attorney (LPA):

  • property and financial affairs
  • health and welfare

Please note, we cannot accept a health and welfare LPA.

An LPA for property and financial affairs allows attorneys to make financial decisions and carry out day-to-day transactions on the donor’s behalf.

An LPA must be registered with the Office of the Public Guardian before it can be used. However, once this has been done, it remains valid even if the donor loses mental capacity.

A continuing or combined power of attorney in Scotland is similar to an LPA. It must be registered with the Office of the Public Guardian in Scotland before it can be used.

To find out more about what attorneys can do, see our What an attorney can do page.

Since 2007, the LPA is the only type that’s been available to be registered, however there are other types that were available before this.

To register an LPA, please visit Registering your power of attorney with HSBC.

General, ordinary and specific powers of attorney 

A general power of attorney is a legal document that appoints one or more attorneys to make financial decisions for the donor. It’s also known as an ordinary power of attorney.

A general power of attorney applies to all the donor’s affairs but can be limited to specific affairs only. This is known as a specific power of attorney.

A general power of attorney is automatically revoked (cancelled) if the donor loses mental capacity.

To find out more about what attorneys can do, see our What an attorney can do page.

To register a power of attorney, please visit Registering your power of attorney with HSBC.

Enduring power of attorney 

Enduring powers of attorney (EPAs) only apply to England, Wales and Northern Ireland. They’re still issued in Northern Ireland but not in England or Wales. However, enduring powers of attorney signed in England or Wales before 1 October 2007 are still valid and we can accept them.

An EPA acts in the same way as the other types, but you only have to register it if the donor is losing or has lost mental capacity. If this happens, you need to register it with the Office of the Public Guardian (or in Northern Ireland, the Office of Care and Protection).

If we're asked to add a registered EPA to our records, we’ll treat this as confirmation that the donor has lost mental capacity and the donor’s access to their accounts will be removed.

You can find out more about enduring powers of attorney on the GOV.UK website here: https://www.gov.uk/enduring-power-attorney-dutieshttps://www.gov.uk/enduring-power-attorney-duties This link will open in a new window.

We also have a page about what an attorney can do.

And you can learn more about registering your power of attorney with HSBC.

Court of Protection order 

A Court of Protection order can be issued when someone loses mental capacity and there’s no power of attorney in place. You can find out more at www.gov.ukwww.gov.uk This link will open in a new window.

The Court of Protection will appoint a deputy. This is a person to manage the affairs of someone who lacks the mental capacity to manage their own affairs.

Mental capacity

When you want to register a power of attorney with us, if you’re the attorney, we’ll ask you whether the donor retains the mental capacity to manage their financial affairs.

Mental capacity can be thought of as the ability to make your own decisions. You can find out more about mental incapacity and about the practical application of the 2005 Mental Capacity Act on the NHS websiteNHS website This link will open in a new window.

As an attorney, you may need to support someone you know who has lost the capacity to deal with their financial affairs. This government guide will provide you with information and links which you may find useful: Make decisions on behalf of someoneMake decisions on behalf of someone This link will open in a new window.

Independence Service

We also have an Independence Service for those who find it difficult to manage their finances but don't want to rely entirely on someone else.

It allows you to carry on with day-to-day tasks such as food shopping and paying bills, but gives your legal third party control of your financial arrangements with us. Find out more about our Independence Service.

Useful Links

  1. What an Attorney can do

An attorney can help make decisions about someone's finances, or make decisions on their behalf.

If the power appoints a sole attorney or multiple attorneys who can each act separately (e.g jointly and severally) the table below provides guidance on the services that we can provide.

If the power appoints more than one attorney to act together (i.e. 'jointly'), all attorneys have to act together. This means that any services restricted to sole access cannot be provided. This includes debit cards, internet banking, mobile banking and telephone banking.

If the power of attorney document contains restrictions, we need to comply with the restrictions which may mean that we cannot provide some of these services.


1 If the customer (donor) loses/is losing mental capacity, an Enduring Power of Attorney must be sent to the Office of the Public Guardian for registration

2 If the Power of attorney appoints more than one attorney, they must be able to act separately as well as together (i.e. jointly and severally).

3 If the power appoints more than one attorney, they must be able to act separately as well as together (ie jointly and severally). In addition, only one person can access a sole account through online banking. Therefore, either one attorney or the individual they are acting for can have access to the donor's online banking, not both.

What happens if the power of attorney document contains restrictions? 

We need to comply with restrictions that are stated in the power. This may mean that your attorneys can’t access all of our services (such as phone banking, online banking, mobile banking and debit cards). It may take longer to register with us because we may need additional information.

Managing the customers (donors) account with a debit card  

If you’ve asked for a debit card when registering a power of attorney, details of the card and PIN will follow in the post once the power of attorney has been registered.

Attorneys may have a debit card for the donor's account as long as:

  • there are no restrictions to prevent this within the power
  • there is one named attorney or multiple attorneys who can sign jointly and severally

If you’ve already registered a power of attorney and you’re looking to order a debit card, you’ll need to complete and sign a debit card instruction form in one of our branches.

Debit cards and PINs will be sent to the cardholder’s address. 

Setting up phone banking  

Attorneys may use phone banking to access the donor's account as long as:

  • there are no restrictions preventing access within the power
  • there is one named attorney or multiple attorneys who can sign jointly and severally 

If you’ve asked to set up phone banking when registering a power of attorney, a security pack will be sent out in the post once the power of attorney is registered. Please allow for up to 10 working days.

 

Completing the security pack

The pack will contain both terms and conditions for using phone banking and a form to complete and return. The attorney will need to fill out the form and return it in the enclosed self-addressed envelope. When completing the form, the donor’s sort code and account number should be used followed by the attorney’s date of birth and digits from their own telephone security number.

If you haven’t received your security pack after 10 working days, please call us on 03457 404 404 and we'll send you a new pack.

Setting up online or mobile banking 

Online banking

An attorney may have access to online banking once the power of attorney is registered and a telephone security number is set up.

Only one individual can have online banking access: either the donor, if mentally capable, or one named attorney.

An attorney may be given online banking access on the donor's account as long as:

  • there are no restrictions preventing access within the power
  • there's one named attorney or multiple attorneys who can sign jointly and severally

Find out more about how to get started with online banking.

 

Mobile banking

An attorney must be registered for phone banking and online banking to access the mobile app.

Only one individual can have mobile banking access: either the donor, if mentally capable, or one named attorney.

 

Already have online banking set up?

If you’re already registered for online banking, find out more about setting up mobile banking.

For a general (ordinary) power of attorney, we wouldn't usually authorise access to online or mobile banking unless the donor is physically incapacitated.

Opening an account on behalf of the donor 

An attorney can open a new account on behalf of a donor, including savings accounts and ISAs.  However, an attorney can't apply for overdraft facilities, or any types of lending such as credit cards or personal loans.

For a general (ordinary) power of attorney, you won’t be able to open a new account on behalf of the donor, including savings accounts and ISAs.

What happens if the donor becomes mentally incapable? 

Some types of power of attorney remain valid if the donor becomes mentally incapable. Please see our About powers of attorney page to find out more. For more on mental capacity, please see our Mental capacity section.

What to do if the customer (donor) passes away 

When the donor dies, the power of attorney will be revoked immediately. This should be registered with us and then the normal process will follow.

Please visit our bereavement page to find out more.

Power of Attorney FAQ 

Understanding power of attorney

What is a power of attorney?

A power of attorney is a legal document that appoints one or more people (your attorneys) to make decisions for you (the donor).

Can I appoint more than one attorney?

Yes. If you appoint more than one attorney, you must specify whether they are to act 'jointly' (ie together) or 'jointly and severally' (ie together or individually). If you appoint your attorneys to act 'jointly' this means that they won't be able to access phone banking, online banking, mobile banking and they won't be able to have a debit card. 

What happens if I appoint a solicitor or a firm as an attorney?

The same process applies as if an individual has been appointed.

What is a Court of Protection order?

A Court of Protection order can be issued when someone loses mental capacity and there is no lasting power of attorney or enduring power of attorney in existence. Further information can be found at GOV.UKGOV.UK This link will open in a new window.

What is a deputy?

A deputy is a person appointed by the Court of Protection to manage the affairs of someone who lacks the mental capacity to manage their own affairs. Further information can be found at GOV.UKGOV.UK This link will open in a new window.

Back to top 

Registering power of attorney with HSBC

Who can register a power of attorney online?

You can register your power of attorney or Court of Protection order using our online form if:

  • you’re the sole attorney or deputy and you have an HSBC account
  • the donor or person covered by a Court of Protection order is an HSBC customer with a bank account or credit card
  • you’re registering a lasting power of attorney, ordinary (general) power of attorney, enduring power of attorney, Scottish powers, Northern Ireland enduring powers or a Court of Protection order

Please go to our Power of attorney registration page for more information.

What documents will I need to register a power of attorney?

We will need to see the full power of attorney document – either the original, or a copy which has been certified (see Important documents). We will also need to see suitable documents for identification and address verification. If multiple attorneys are appointed to act 'jointly', every attorney will need to provide suitable identification and address verification. For a list of acceptable documents, please see our Help us identify you page.

How long does it take to register a Power of Attorney with HSBC?

Once we have all of the information we need, the power of attorney will be set up within 10 working days.

What happens if the power of attorney document contains restrictions?

We need to comply with restrictions, which are stated in the power, which may mean that your attorneys cannot access all of our services (such as telephone banking, online banking, mobile banking, debit card). It may take longer to register with us because we may need additional information.

How do I access online and mobile banking?

You can apply for online banking in one of our branches once the power of attorney has been updated in our records and you have been issued with a Telephone Security Number. For further information about mobile banking, please see our mobile banking page.

Please note: Online banking access can only be granted to one party at a time (either donor or attorney). Online and mobile banking cannot be provided if you have a general power of attorney.

How do I access phone banking?

If phone access is requested when the power of attorney is registered with us, a letter and phone banking pack will be sent out to the attorney in the post, which explains how to register for phone access. Once you are registered, and when you call us, if you're the attorney, you will need to key in the donor's sort code and account number. Then when you are prompted, key in your own date of birth, and digits from your own Telephone Security Number.

Where can I register my Secure Digital Access code for my power of attorney?

Please follow the steps here to register your code with HSBC.

How will I know when the power of attorney is registered with HSBC?

A confirmation letter will be issued to the donor (where the donor is mentally capable) or the 'main' attorney (where the donor is mentally incapable).

How do I get my documents certified if I live in the UK?

First of all, you'll need to ask a professional person to certify your documents.

See the full list of people you can ask 

Professional

  • airline pilot
  • barrister
  • chairman or director of limited company
  • chartered accountant
  • chartered legal executive
  • financial services intermediary
  • fire service official
  • funeral director
  • legal secretary
  • licenced conveyance
  • paralegal - must be qualified
  • solicitor

 

Public service and government

  • councillor (local or county)
  • civil servant - permanent
  • justice of the peace
  • local government officer
  • member of the judiciary
  • member of parliament
  • officer in the armed services
  • police officer
  • post office official
  • salvation army officer
  • surveyor
  • teacher or lecturer

 

Healthcare

  • dentist
  • medical doctor
  • nurse - RGN or RMN
  • optician
  • pharmacist

 

Other

  • trade union officer
  • valuer or auctioneer
  • warrant officer
  • chief petty officer
  • person with an honour (such as an OBE or MBE)
  • member of the Incorporated Society

Next, ask your chosen certifier to write this on the document they are certifying:

I [full name of certifier] confirm this is an accurate copy of the original.

They should also write:

  • their signature and full name, printed on the document
  • their occupation, company (or professional) address and phone number
  • their professional registration number (if they have one)
  • the date of certification

How do I get my documents certified if I live overseas?

You'll need to contact one of the following:

  • your local bank and ask them to certify your documents. Explain that you are asking because you are resident in a country or region of equivalent jurisdiction to the UK. (If you're unsure whether your country/region of residence is of equivalent jurisdiction to the UK please get in touch with our team on 03457 404 404. If you are a Premier customer, please call 03457 70 70 70

Next, ask your chosen certifier to write this on the document they are certifying:

A. For your documents that contain a photo:

I [full name of certifier] confirm that this is an accurate copy of the original and the photo is a true likeness of the person concerned.

B. For your documents that don't contain a photo:

I [full name of certifier] confirm this is an accurate copy of the original.

They should also write:

  • their signature and full name, printed on the document
  • their occupation, company (or professional) address and phone number
  • their professional registration number (if they have one)
  • the date of certification

I live in Europe and I'm applying from outside the UK. How can I certify my documents?

Ask one of the possible certifiers below to write the relevant statement on each of the documents they verify, if any of the documents are more than one page long ask the certifier to write the statement on the first page and sign any subsequent page.

We can only accept the following certifiers, they must be registered, active and based within the EU; financial institutions, lawyers, solicitors and notaries.

Next, ask your chosen certifier to write this on the document they are certifying:

For documents that contain a photo:

I (full name of certifier) confirm that this is an accurate copy of the original and the photo is a true reflection of the applicant.

For documents that don't contain a photo:

I (full name of certifier) confirm that this is a true copy of the original document for (full name of customer).

Each document must also include:

  • certifier's signature and full name, they need to sign as an individual not a company
  • certifier's occupation, company, professional address and phone number, ideally on letter headed paper
  • certifier's professional registration number if they have one
  • date of certification

 It is important each document contains this information as without it we may not be able to accept them. The person signing the document must be active in the profession and can't be a relative, friend or someone who lives at your address. We may contact them for verification.

Please remember your documents must:

  • be a certified true copy
  • be in English or a certified translation to English
  • certification and translation must be completed by the same person
  • date of certification must be within the last three months
  • not be an online or branch print out
  • show your full name (not initials) and address matching your application

The same document cannot be used twice to verify identify and address, so separate documents must be used to meet the regulations and the HSBC criteria.

 

Troubleshooting and more help

I'm having trouble activating my new debit card. What should I do?

When you call to activate your card, please enter the donor’s date of birth and not your own to complete the activation.

What happens if the donor becomes mentally incapable?

Some types of power of attorney remain valid if the donor becomes mentally incapable. Please see our Types of power of attorney page for further information. For further information on mental capacity please refer to our Mental capacity section.

What happens if the donor dies?

The power is revoked (cancelled) and the attorney’s authority is cancelled.

What if the power of attorney is a foreign power?

Any decision to accept a foreign power of attorney is taken on a 'case by case' basis.

What happens if the power of attorney document contains restrictions?

We need to comply with restrictions which are stated in the power which may mean that your attorneys cannot access all of our services (such as telephone banking, online banking, mobile banking, debit card). It may take longer to register with us because we may need additional information.

What happens if my replacement attorney needs to act?

Please refer to the Office of the Public GuardianOffice of the Public Guardian This link will open in a new window for further guidance.

Glossary

  • Attorney – A person/people appointed to look after the finances/property and affairs/health and welfare of another person.
  • Certified copy – Photocopy of a Power of Attorney document which bears a certificate signed by an authorised person (eg the Donor, a solicitor, a notary public) at the end of each page to confirm that it is a true and complete copy of the original.
  • Deed of Revocation – Formal document which may be used to cancel a Power of Attorney.
  • Donor – An individual who wishes to give another person/people the authority to act or make decisions on their behalf.
  • 'Jointly' AND 'Jointly and Severally' AND 'Jointly and Individually' – This applies if there are multiple Attorneys appointed. 'Jointly' means that all of the Attorneys must act together at all times.
  • 'Jointly and Severally' or 'Jointly and Individually' means that the Attorneys can either act individually or together.