someone with their money
Table of contents
Understanding third party access
Third party access relates to different ways of giving another person access to your accounts and the
right to operate it. The type of access you need will depend on your circumstances and the assistance
Power of attorney
Ordinary/general/specific powers of attorney
An ordinary/general/specific power of attorney is a legal document that appoints one or more people
(your attorney/s) to make financial decisions for you, and to carry out everyday transactions on
This type of power is automatically cancelled (revoked) if the customer (donor) loses mental
- A general power of attorney applies to all of your financial affairs.
- An ordinary/specific power of attorney can be limited to specific affairs.
- To find out what your attorney can do, see our 'what a third
party can do' page.
How to apply
Lasting/enduring/continuing power of attorney
A lasting power of attorney or an enduring power of attorney applies to customers residing in England and Wales and is a legal
document that appoints one or more people (your attorney/s) to make financial decisions for you, and
to carry out everyday transactions on your behalf.
An enduring power of attorney is available for customers residing in Northern Ireland and a continuing power of
attorney is available for customers residing in Scotland.
- You must be 18 or over and have mental capacity at the point of application
- You may wish to choose this option if you're planning ahead for a time when you'd like someone
you know to make decisions on your behalf.
- Lasting and continuing powers of attorney must be registered with the relevant Office of the Public Guardian for your jurisdiction before it can be used. These type of powers remain valid even if you lose mental capacity.
- If you hold an enduring power of attorney issued in England or Wales, and lose mental capacity, you will need to get it registered with the relevant Office of the Public Guardian for your jurisdiction for it to remain valid. This does not apply to enduring power of attorneys issued in Northern Ireland.
- To find out what your attorney can do, see our 'what a third
party can do' page.
How to apply
Court of Protection order &
Department of Work & Pensions
In the event that you lose mental capacity and do not have an appropriate power of attorney in place,
the Office of Public Guardian may allocate a Court of Protection order to manage your affairs on
your behalf. The Department of Work and Pensions may also allocate an appointee to act on your
behalf. For more information, you can visit the relevant Office of Public
Guardian (Office of
Care and Protection in Northern Ireland or Office of
Guardian in Scotland) website.
Guardianship orders for missing persons
You could apply for a guardianship order if you want to be appointed as a guardian for someone who has
When might you choose this option?
You might consider a guardianship order if you are a relative or close friend of someone who has gone
missing, and you believe it would be in their best interest if you were appointed to manage their
property and financial affairs.
The Act applies in England and Wales only. There are no directly equivalent provisions in Scotland and
Northern Ireland. You'll find more information on the Guardianship (Missing Persons)
Act 2017 at gov.uk
Setting up a power of attorney with M&S Bank
Once you have obtained the power of attorney documentation from the Office of Public Guardian or your solicitor, you will need to share the documentation with us to allow us to set up
the relevant access to your accounts.
You can register a power of attorney or Court of Protection order via an online form if:
- you are the sole attorney or deputy or can act jointly and severally on behalf of the donor.
- you are registering a lasting power of attorney, ordinary (general) power of attorney, enduring power of attorney, Scottish powers, Northern Ireland enduring power or a Court of Protection order.
Check that you have all the pages of the power of attorney document or Court of Protection order. We’ll need to see either the original document or a copy which has been certified on each page.
To complete the registration you will need:
- your personal and contact details
- the donor’s details
- to upload the document along with any supporting document(s)
There may be a delay in the registration if:
- the document is illegible or obscured.
- there are pages missing.
- a copy has not been correctly certified.
Our specialist team will check the documents and may ask for additional information if there are any special restrictions/conditions.
Once we’ve updated our records and set up the power of attorney on the account/s, we’ll send out a confirmation letter to your attorney.
Secure digital access code
From 17 July 2020 everyone who registers a new lasting power of attorney (LPA), with the Office of the Public Guardian (OPG), will be able to obtain a secure digital access code. This can be used to provide M&S Bank and other organisations, with a summary of the LPA online. This replaces the need to provide us with the paper, or scanned, copy of the document.
To obtain your secure digital access code, please visit www.gov.uk/use-lpa, and follow the instructions.
You can use this service if:
- You are registering a lasting power of attorney registered with the OPG in England or Wales on or after 17 July 2020.
- The attorney, or group of attorneys, are existing or new M&S Bank customers.
- The donor is an existing M&S Bank customer.
- The lasting power of attorney doesn’t contain specific instructions or preferences.
Once you have obtained your Secure Digital Access Code, please complete our online registration form (link opens in a new tab). Remember to select “lasting” from the dropdown options available. This will allow you to input your unique digital code in place of submitting your power of attorney documents. Each code is valid for 30 days. If your code has expired, please obtain a new one from the OPG.
- Alternatively, you can send certified copies of the power of attorney documents issued by the Office
of Public Guardian or your solicitor. The document must be officially certified
on each page by you (the donor) if you are mentally capable otherwise by a solicitor, a notary
public, a member of the Council for Licensed Conveyancers or a member of the Chartered Institute of
Legal Executives (CILEX).
- We will also require a completed and signed power of attorney authority form for each attorney to be added to the account.
- Please send these to:
M&S Bank, PO Box 10581, 51 Saffron Road, Wigston, LE18 4US
- Our specialist team will check the documents and may ask for additional information if there are any
- Once we've updated our records and set up the power of attorney on the account/accounts, we'll send
out a confirmation letter to your 'main' attorney.
Mental capacity can be thought of as the ability to make your own decisions. You can find more
information about mental capacity 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. These pages will provide you with information and links which you may find useful.
Mental health problems can affect the way a person thinks, feels and behaves.
If you want to register a power of attorney with us, if you are the attorney, we will ask you whether
the customer (donor) retains the capacity to manage his/her financial affairs.
The Mental Capacity Act 2005
For the purposes of this Act, a person lacks capacity in relation to a matter if at the material time
he/she is unable to make a decision for themselves in relation to the matter because of an impairment
of, or a disturbance in the functioning of, the mind or brain'.
It also states 'a person is unable to make a decision for themselves if he/she is unable –
- to understand the information relevant to the decision,
- to retain that information,
- to use or weigh that information as part of the process of making the decision, or
- to communicate his/her decision (whether by talking, using sign language or any other means)'.
More information can be found under Mental Capacity Act 2005.
What a third party can do
A third party can help make decisions about someone's finances, or make decisions on their behalf.
The following table provides guidance on the services that we can provide under the different types of
third party access. Depending upon the power of attorney set up some services may be restricted.
*only one person can access Internet banking on a sole account. Therefore, either one attorney or the
account holder can have internet access, not both.
Third party mandate
This third party mandate can only be used for the M&S Everyday Savings Account.
A third party mandate is a formal instruction from you to M&S Bank. It tells us that you’d like someone else to carry out everyday transactions on your M&S Bank Everyday Savings Account (ESA) account.
These don't include opening or closing an account for you.
You might consider this option if you need help managing your accounts, for convenience or because you don’t have access to them.
For example, if you're recovering from an operation you might want someone to transfer money to your linked current account to pay a bill.