Third party access is the term used for allowing another person to administer your accounts on your behalf. There are many reasons why you might need to provide a representative with access to your bank account and the right to operate it, the most common ones are:
Through no fault of your own, any of these situations could make important everyday things such as paying bills and making financial decisions difficult, even impossible in some cases. This can be a stressful time for everyone concerned, so we will make it as easy and straightforward as possible to register with us.
A third party mandate is a formal instruction from you to us. It tells us that you’d like another party to have access to your account(s) to carry out everyday banking transactions, withdraw cash only or just to allow disclosure of account information on your banking and/or savings account(s). This can cover all of your banking and/or savings accounts or just specific ones.
The DWP can appoint someone (called an appointee) to act on behalf of a person receiving state benefits who cannot manage their benefit-related affairs because they have a physical disability or do not have mental capacity.
The DWP will issue an appointee with a BF57 form to confirm their appointment.
An appointee has authority only to manage the other person’s benefit payments. If the appointee needs to manage the persons other finances they will need to seek advice on other options which would be more suitable – such as a Power of Attorney or Deputyship Order.
The Management of Residents Finances Certificate will be drawn up by either the Social Care and Social Work Improvement Scotland or the NHS Trust and provides authorisation for the stated representative (normally a health care official) to withdraw funds from the person account(s) to pay for necessary care.
The Court of Protection (in England and Wales) protects the rights of people who do not have mental capacity. When a person who does not have mental capacity has not previously made, or is not capable of making, a power of attorney arrangement (such as a enduring power of attorney or lasting power of attorney), the Court of Protection can decide who can handle that person’s affairs. Usually a close friend, family member or someone else who can be trusted applies to the Court of Protection for a court order to appoint a ‘deputy appointment’. The court order will set out what decisions the deputy can make on behalf of the person who does not have mental capacity (for example, it might say that decisions can only be made about that person’s pension or mortgage).
This is an arrangement that will allow an individual, individuals or an organisation to access the funds belonging to an adult who is no longer capable of accessing their funds to pay for their day-to-day living expenses and any debts due.
Access To Fund scheme will allow an individual, individuals, or an organisation to:
A power of attorney is a legal document whereby one person gives another person or persons, the attorney, the power to act on his or her behalf with regard to his or her property and financial affairs.
An ordinary power of attorney may be setup for various number of different circumstances, examples are:
An ordinary power of attorney will end either at a specified time or upon the request of the customer, the donor at any time. It will automatically be revoked if the donor loses mental capacity or upon their death. There is no requirement for an ordinary power of attorney to be registered with the Office of Public Guardian.
This is an order under the Adults with Incapacity (Scotland) Act 2000 from the Sheriff Court stating who the Sheriff has appointed to look after the affairs of someone who is not able to look after those affairs for himself or herself. It also details what the appointed person or persons can actually do.
The order allows whoever has been appointed by the Sheriff (called Guardians), to manage on an ongoing basis the financial or welfare affairs or both, of someone who is unable to deal with those matters.
Financial Institutes can only accept orders which gives the Guardian control over the adult’s 'Financial or Welfare' or 'Financial only' matters.
A property and financial affairs lasting power of attorney (LPA) enables a person (called the donor) to appoint another person (the attorney) or people to make decisions about their finances and property if they become unable to make these decisions and, in some cases, while the donor still has mental capacity.
An LPA must be made by the donor. They can choose to give you, the attorney, authority immediately or only when the donor loses the ability to make decisions. The donor can place restrictions on how you can manage the account, and an also include guidance for you in the LPA. You will need to make sure that any restrictions, conditions or guidance do not prevent you from being able to manage the account. Before you can use your authority, the LPA must be registered with the Office of the Public Guardian (OPG).
This is an order provided under the Adults with Incapacity (Scotland) Act 2000 from the Sheriff Court stating who the Sheriff has appointed (the Intervener) to make a particular decision or to take certain action on behalf of someone who is not able to do that for himself or herself. Once that particular decision or certain action has been completed the order will automatically expire.
An enduring power of attorney (EPA) is when a person makes a decision, before they become incapacitated, to appoint somebody they trust (the attorney), to look after their finances or property. EPAs can no longer be made as they were replaced by lasting powers of attorney (LPAs) under the Mental Capacity Act 2005. However, if there was an EPA in place before 1 October 2007, it can still apply.
If the customer (the donor) has mental capacity, you can use the EPA without it having to be registered. However, if you believe the donor has lost or is losing their mental capacity, you can only operate the EPA once it has been registered with the Office of Public Guardian, or if it was registered with the Court of Protection before 1st October 2007.
Local authorities can pay direct payments so people who need health or social care can arrange and pay for that care themselves. A local authority may allow a ‘suitable person’ to manage a direct payment paid for another person’s care. This usually happens if the person the direct payment is for cannot manage their care because they lack mental capacity.
The local authority can decide who should be the suitable person. This could be an attorney, deputy, Department of Work and Pensions (DWP) appointee or other person, such as a carer. The suitable person will be the only person who can have access to and manage the direct payment. If an attorney, DWP appointee is not appointed as the suitable person, they cannot get access to and manage the direct payment.
It is a written document giving someone else authority to take actions or make decisions on your (the granter) behalf.
The power of attorney Continuous document contains the name of the person(s) whom you want to help you, i.e. the attorney and a list of the individual powers that you want your attorney to have. The powers must be written down individually to make it clear as to what decisions your attorney can make on your behalf. The power of attorney will also include when your attorney is to begin acting for you.
For further advice and information, contact your local citizens advice, solicitor or Office of the Public Guardian (Office of Care and Protection in Northern Ireland) and also read our Appointing someone to manage your affairs guide.
It may also be useful to make a list of the accounts that will be covered by the power of attorney or other legal document and if you require Internet of Telephone Banking.
Once we’ve got what we need, we’ll register the documents while you’re in the branch with the support of our specialist team.
If we’re unable to do this, our specialist team will contact you to confirm when the registration is complete.
In the mean time, if you need to discuss how we can help while you are waiting for the Power of Attorney to be set up, you can visit us in branch.
To make an appointment at the branch to register the legal documentation; the customer or customer’s representative can call us on 0345 300 0000Call telephone number 0345 300 0000
The customer or customer’s representative can register to use Telephone banking at the branch interview, provided there are no restrictions. Once the customer’s representative is registered for Telephone Banking with us, they can call us on 0345 300 0071Call telephone number 0345 300 0071
All orders have to be registered in branch.
We can open an account for the customer (donor) if they don’t already bank with us.