Acting on behalf of someone - else? - Power of Attorney - Find out how to register, or register someone else to have
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Power of Attorney
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Acting on
behalf of
someone
else?
Find out how to register, or register someone else to have
Power of Attorney for savings and investments with usAbout this guide
This document has been You’ve downloaded this guide
downloaded from nsandi.com, to find out how to register an
and is correct as of February authority or manage an account
2015. or investment under an authority
already registered with us.
It’s suitable for printing at
home, and can be used with Definitions of the different types
screen-reading software. of authority which can be held
and the terms used within the
For alternative versions of this
legal agreement will be explained
brochure, please see page 7.
in this guide.
We will also explain how
NS&I accounts can be opened
when an authority exists and
how they can be managed
when an investment has been
made with us.
2 Power of Attorney Find out more about NS&I: Visit nsandi.com Call us on 0500 007 007Registering an
Authority with NS&I
Send either your original With the original or certified Take the photocopied document
Power of Attorney or Court of Power of Attorney we need with the original and ask the
Protection Order to us (executed to know the full name, home person to certify the copy.
in the UK) by post (sealed or address and date of birth of the
They can do this by:
officially stamped, or a Court Attorney(s). Where the address
of Protection office copy with has been lived in for less than • writing ‘I certify that this is
a blue stamp) using a secure three months please provide the a true and complete copy of
service. Alternatively, you can previous residence. Under anti- the original [type of document]
send a certified photocopy. money laundering legislation we belonging to [name]’ on
may verify their identity using this each page
For a Power of Attorney
information.
The photocopy must be certified • signing and dating the copy
on each page by either the Donor For Court of Protection Orders
• printing their full name under
(who must still have capacity), a The photocopy must be certified
their signature (and affixing any
solicitor (not a legal executive), on each page by one of the
relevant official stamp)
a notary public or, in the case following;
of a General or Enduring Power • adding their occupation,
A qualified lawyer or accountant;
of Attorney, a stockbroker can address and phone number
actuary; notary public; a director,
also certify. The certifier must
officer or manager of a regulated • indicating an institute
sign personally (in their own
financial service business (bank, membership number for
name) and not in the name of
building society, insurance members of professions,
a company.
company, etc.); an authorised where applicable
A Power of Attorney which has financial intermediary; a qualified
been, or is in the process of being estate agent; a teacher; a A Power of Attorney or
registered, cannot be certified by medical doctor or dentist; a Court of Protection Order
the donor. minister of a recognised religion; only needs to be registered
a local chemist; a member of with us once, except in the
Take the photocopied document case of an Enduring Power
the judiciary, a civil servant, a
with the original and ask the of Attorney where the Donor
serving police or customs officer;
person to certify the copy. loses capacity. If that happens
an embassy, consulate or high
commission of the country we’ll need to see the Enduring
They can do this by:
of issue of the documentary Power of Attorney again after
• writing ‘certified to be a evidence of identity; a director of it has been registered with the
true and complete copy of your employing company. Office of the Public Guardian.
the original seen by me’ on
The certifier must sign personally For a Power of Attorney or Court
each page
(in their own name) and not in of Protection Order executed
• signing and dating the copy the name of a company. abroad you’ll need to call us so
we can explain how to register
• printing their full name under the document with NS&I.
their signature (and affixing any
relevant official stamp)
• adding their occupation,
address and phone number
3 Power of Attorney Find out more about NS&I: Visit nsandi.com Call us on 0500 007 007Different types of Authority
Ordinary Power of Attorney Lasting Powers of Attorney The Attorney and Donor can
An Ordinary Power of Attorney is replaced Enduring Powers of manage affairs until it is proved
a legal document appointing one Attorney from 1 October 2007. that the Donor lacks capacity.
or more people (an ‘Attorney’) Enduring Powers of Attorney can The Attorney then assumes full
to manage the financial affairs still be used which were signed, authority.
of another person (the ‘Donor’). dated and witnessed by all parties
Powers of Attorney executed
It allows the Attorney to manage on or before 30 September 2007,
before 2 April 2001 don’t need
all the Donor’s affairs or it can either registered or unregistered.
to be registered with the Office
be tailored to specific actions or Enduring Powers of Attorney of the Public Guardian, Scotland.
be restricted to a limited period don’t need to be registered with The Power will continue even if
of time. the Office of the Public Guardian the person loses capacity, unless
The Attorney and the Donor can before use, but they must be the Power specifically states that
manage the Donor’s affairs. registered with the Office of the it will lapse if capacity is lost. In
Public Guardian once the Donor Scotland the Donor is called a
In all cases the Ordinary Power of lacks capacity. Granter.
Attorney becomes invalid once
the Donor has lost capacity. Enduring Powers of Attorney Court of Protection Order
(Northern Ireland) The Court of Protection appoints
An Ordinary Power of Attorney
In Northern Ireland Enduring an individual (the ‘Deputy’ –
can also be known as a General
Powers of Attorney are still used. formally known as ‘Receiver’) to
Power of Attorney.
The Attorney and Donor can act on behalf of a person (the
Lasting Power of Attorney manage affairs until it is proved ‘Patient’) who is unable to make
(England and Wales) that the Donor lacks capacity. decisions about their personal
A Lasting Power of Attorney is a The Attorney then assumes full health, finance or welfare.
legal document appointing one authority and must register the
There are regional variations to
or more people (an ‘Attorney’) Enduring Power of Attorney with
the term Deputy. In Northern
to manage the finances of the Office of Care and Protection.
Ireland the Deputy is called the
another person (the ‘Donor’). Continuing Power of Attorney ‘Controller’ and in Scotland
The Attorney and Donor can (Scotland) a ‘Guardian’ is granted a
manage affairs until it is proved
A Power of Attorney executed on Guardianship Order to act on
that the Donor lacks capacity.
or after 2 April 2001 stating that behalf of the Patient.
The Attorney then assumes full
it is a Continuing Power, must Terms of reference; from
authority.
be registered with the Office of here on in the term Deputy
The Lasting Power of Attorney the Public Guardian, Scotland, also refers to the role of
needs to be registered with the before use. On registration, the Receiver, Controller and
Office of the Public Guardian Office of the Public Guardian, Guardian. Donor also refers
before it can be used. Scotland, will issue a certificate to Granter and a Court of
confirming that the Power has Protection Order refers to
been accepted. a Guardianship Order.
4 Power of Attorney Find out more about NS&I: Visit nsandi.com Call us on 0500 007 007Making an investment Managing an investment
An Attorney or Deputy (and Where possible cheques should NS&I allows all Donor/Patients’
Donor where applicable) can be drawn on a bank account investment(s) to be managed
apply for any investment that held in the name of the Donor or by post.
is on general sale, apart from Patient. If this is not possible we
Where an Attorney or Deputy has
Children’s Bonds. While they may can accept a cheque drawn on
restricted authority or must act
not apply for Children’s Bonds a bank account in the name of
jointly for all transactions with
they can manage Bonds already the Attorney, Receiver or Deputy,
another appointed individual
held with us if they’re acting on together with an explanation as
(or in the case of the Investment
behalf of a nominated parent to why an account in the Donor’s
Account) the investment can
or guardian. or Patient’s name cannot be used.
only be managed by post.
Applications need to be made by In the case of a Direct ISA the
Online or phone services are
post, we have a specific Attorney Donor must sign the application
available when the Attorney/
and Deputy application form for form with the Attorney/Deputy
Deputy is registered for this
all investments except Premium unless there is incapacity.
service in their own right. We’ll
Bonds and our Investment
In line with anti-money add the investment(s) to their
Account. These use the general
laundering legislation we may existing online portfolio on
form. Call us to request an
verify the identity of everyone request when an authority is
application form or download
named on the application. registered with us. We explain
one from our website.
how to register for our online
nsandi.com/downloads-and-
and phone service at
forms
nsandi.com/register
The original Power of Attorney or
Where the Donor/Patient is
confirmation of appointment as
already registered for our
Receiver or Deputy, or a certified
online and phone service, the
copy, will need to be enclosed
preferences they have set up
with the application form(s)
will determine some of the
and cheque(s), unless we have
options available to the Attorney/
previously seen an original or
Deputy when they manage the
certified copy (in most cases we
investments online.
don’t need to see it again). Please
see Registering an Authority We can only change existing
with NS&I. preferences if the Attorney/
Deputy makes a request when
registering the Authority with us
or when registering for the online
and phone service.
5 Power of Attorney Find out more about NS&I: Visit nsandi.com Call us on 0500 007 007This table shows which
transactions can be made
online, over the phone or by post:
Action on behalf of Donor or Patient Online or by By post
phone
Apply for an initial investment No Yes
Make a subsequent sale or deposit Yes Yes
(excludes fixed term investments which are postal only)
Change of address (for correspondence) No Yes
Change of details (name, address, email address) No Yes
Change nominated bank account details Yes Yes
Make a withdrawal Yes Yes
Closing of DISA and Investment Account No Yes
Closing of Fixed Term Investments, Income Bonds, Yes Yes
Premium Bonds*, Direct Saver
Check balance Yes Yes
Providing instructions for fixed term products at maturity No Yes
Fixed Term Investment valuation Yes Yes
(can be viewed online or sent by post)
Set up Premium Bond prizes by BACS No Yes**
Change paperless preferences No Yes**
*Premium Bonds are closed after a period of inactivity following a full repayment
** If requested when registering the Authority with us or when registering for
the online and phone service.
6 Power of Attorney Find out more about NS&I: Visit nsandi.com Call us on 0500 007 007Always here to help you
Find us online Having trouble reading NS&I 575/2015/02
nsandi.com this guide?
Produced February 2015
Ask us for a version in
Call us National Savings and Investments
0500 007 007 • Braille is a Trade Mark of the Director of
• Audio tape or CD Savings
You can call us any time.
We’re here in the UK all day, • Large print
every day.
Do you use a minicom?
Calls from mobiles and some Minicom (textphone) users can
landline providers may not be contact us on 0800 056 0585
free.
Calls may be recorded.
Write to us
NS&I, Glasgow G58 1SB
We recommend you use a secure
mail service when posting original
documents.
7 Power of Attorney Find out more about NS&I: Visit nsandi.com Call us on 0500 007 007You can also read
