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/register.
Types of Power of Attorney
Lasting power of attorney
General, ordinary and specific powers of attorney
Enduring power of attorney
Court of Protection order
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 website.
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 someone.
We also have an Independence Service if you find it difficult to manage your finances but don’t want to rely entirely on someone else. You can open a Basic Bank Account Providing Independence. This allows you to carry on with day-to-day tasks such as food shopping and leisure activities, but with support from an attorney or deputy. Find out more about our Independence Service.