How to use power of attorney

What acting as an attorney involves

In order to make important personal or financial decisions on someone else’s behalf, they must have granted you power of attorney. 

When you’re granted power of attorney, it’s a good idea to speak with the donor so that you understand how to act in their best interest if they become unable to do so.

You should chat about their plans for their money and property, and how they’d like to be cared for if they become unwell. 

When acting as an attorney, you should always assume that the donor is able to make their own decisions and support them to do so wherever possible, unless it is clear they don’t have capacity.

If you no longer wish to act as someone’s power of attorney, you must let them and the relevant authorities know.

An attorney’s duty of care

As an attorney, you have an obligation to act in the best interests of the donor and not to benefit yourself. 

It’s really important to read the guidance provided on the power of attorney, as well as the guidelines provided by the relevant authority in your nation.

When acting as an attorney, you must:

• act in the donor’s best interest and support them to make their own decisions where possible
• respect their confidentiality 
• follow any instructions and preferences the donor included in the power of attorney
• keep their money and property separate from your own.

There are also special rules around giving gifts as an attorney.

Keeping records

It’s important you keep a record of your actions as an attorney. You don’t need to note small, everyday decisions, but you should record:

• important decisions you make and when you make them – such as selling the donor’s home or agreeing to medical treatment
• the donor’s assets, income and how you spend their money.

The relevant authorities can request information about how you use power of attorney and check your decisions. They may arrange a visit with you and the donor, or contact other people who know the donor, such as friends, family or care workers.

Acting with other attorneys

You may not be the only attorney. If there are multiple attorneys, the power of attorney will state whether you must make decisions together (‘jointly’) or if you can act independently (‘jointly and severally’).

In some cases, the donor might require you to agree on certain decisions (eg selling their home), but not on others.

A 2024 Which? investigation found evidence of confusion among bank staff around how joint and several attorneys are allowed to act on behalf of the donor.

How to demonstrate power of attorney

Banks and other institutions will need to see proof that you’re an attorney before they let you manage the donor’s accounts or make decisions on their behalf.

In England and Wales, you can share your lasting power of attorney (LPA) with organisations electronically if it was registered on or after 1 January 2016. 

Once you’ve registered your LPA on the government website you can generate an access code, which allows companies to see a summary of your LPA.

In Scotland, you can show organisations your digital certificate of registration if you registered it electronically. The digital certificate includes a link that organisations can follow to verify that the document has been registered with the Office of the Public Guardian.

Alternatively, you can show a company the original power of attorney document or a certified copy.

We recommended that you use copies, to avoid any risk of losing the original document. Most solicitors will certify copies for a modest charge.

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Managing someone’s finances with power of attorney

1. Register the power of attorney with banks

You’ll need to register your power of attorney with the donor’s bank(s) in order to access and manage their accounts. 

The bank will generally need to see:

• the original power of attorney document, a certified copy or a digital access code/digital certificate
• proof of each attorney's identity (their passport or a driving licence)
• proof of each attorney's address (a recent utility bill).

Unfortunately, there is no consistency between firms when it comes to registering power of attorney, and each has its own process. Some require you to register in person, while others may allow you to register by post or online.

If you're dealing with the affairs of someone with accounts at more than one bank, you will have to go through the registration process several times.

2. Declare the donor's capacity

You may need to make a declaration about the donor’s capacity. This will determine whether the donor is able to carry out activities like signing cheques and receiving statements.

If the donor lacks capacity, the attorneys will be responsible for all activities related to the accounts.

You don’t need to submit medical evidence, but you must accurately report the donor's condition. It should always be assumed that the donor has mental capacity, unless it is clear that they don’t.

If you’re unsure whether the donor has capacity, they should have their capacity assessed by an appropriately qualified person, such as a doctor or medical professional.

3. Making payments with power of attorney

Once power of attorney is registered, you should be able to access and manage the donor's accounts. However, not all banks provide attorneys with the same level of access.

Most banks will give you telephone and online access to the donor's account, in addition to being able to give instructions in branch. 

However, only a small number of banks will give you access to the mobile app. 

4. Applying for accounts or credit with power of attorney

Most banks will allow you to open a new Isa or savings account in the name of the donor.

Borrowing is normally discouraged. Very few banks permit a power of attorney credit card, and the use of an overdraft is similarly restricted.

A 2025 Which? investigation found that some saving platforms don’t allow third-party access, meaning donors may miss out on the top rates.

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Managing finances without power of attorney

If a friend or relative loses mental capacity and doesn’t have power of attorney in place, you may need to apply to the court for the right to make decisions on their behalf. There are different systems in England and Wales, Scotland and Northern Ireland.

England and Wales

In England and Wales, you can apply to the Court of Protection to act as someone’s deputy.

Deputyship is similar to power of attorney, and gives you the legal right to make decisions on someone else's behalf. 

There are two types of deputyship:

• property and financial affairs
• personal welfare.

For more information, visit the Court of Protection’s website.

Scotland

In Scotland, a family member or close friend may apply to be a guardian via the sheriff court. 

There are two types of guardianship – financial and welfare – and orders are typically granted for a period of three years.

For more information, visit the Office of the Public Guardian website.

Northern Ireland

In Northern Ireland, the Office of Care and Protection may appoint a relative or close friend to act as a controller.

Controllership gives you the right to manage someone’s property and financial affairs, with supervision from the Office of Care and Protection.

For more information, visit the Department of Justice website.

Other ways to help a loved one manage their finances

There are other ways you can support a friend or relative with their finances without power of attorney or deputyship.

Of course, it's essential that your loved one consents to any of the following suggestions.

Third-party mandates

This document informs a bank, building society, or other account provider that it can accept instructions regarding an account holder’s money from a specific named person. 

This generally allows you to make calls, query statements and operate the account on your loved one’s behalf. You won't be allowed to arrange a formal overdraft or open or close an account.

The account holder can set this up by completing a third-party mandate form. Third-party mandates end when the account holder loses mental capacity.

Credit cards

If you're concerned that your relative might overspend or lose their credit cards, have a conversation with them about cancelling their cards or reducing their credit limit.

Household bills

Setting up direct debits may help your loved one pay regular bills and minimise the risk of missing payments.

Some utility companies will allow the account holder to nominate a third party to help manage their accounts. Your loved one will need to set this up themselves by contacting the service provider.

Alternatively, if your loved one is vulnerable, they should be able to register on their supplier’s Priority Services Register, which allows a trusted person to receive bills and correspondence on their behalf.

Joint accounts

You could set up a joint account with your loved one, so that you’re both able to manage the account or deal with any issues.

This can be complex and should only be considered as a last resort. Bear in mind that this will have implications for you: each account holder would be liable to pay any income tax and inheritance tax as well as being jointly liable for any debts.