Assisting 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 you require.

Choosing third party access
Example of M&S Bank customer's circumstances Third Party Mandate Ordinary/General/Specific Power of Attorney Lasting/Enduring/Continuing Power of Attorney Court of protection order Department of work and pensions Guardianship Order
You are going abroad and won’t have access to accounts      
You are physically ill, injured or disabled which limit your ability to access account services      
You are preparing for a time when you may lose mental capacity          
You have lost mental capacity    
Only applicable if set up before loss of mental capacity

If a lasting or enduring Power of Attorney had not been set up prior to loss of mental capacity

If a lasting or enduring Power of Attorney had not been set up prior to loss of mental capacity
 
The customer is a missing persons          

Third party mandate

This is an M&S Bank specific document which tells us that you'd like to give another person access to your bank account and the right to operate it.

 

To find out what your third party can do, see our 'what a third party can do' page.

 

You can cancel the mandate at any time by calling us on 0345 900 0900, 24 hours a day, 7 days a week.

 

The third party mandate will be automatically cancelled if you lose mental capacity.

How to apply

Just print the form below and return to:
M&S Bank
PO Box 10581
51 Saffron Road
Wigston
LE18 4US

Third party mandate form (PDF, 69KB)

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 your behalf.

 
  • This type of power is automatically cancelled (revoked) if the Customer (Donor) loses mental capacity.
  • 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 Appointee

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 the Public 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 gone missing.

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 POA 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.

Online

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.

Visit one of our M&S Bank branches

  • Please bring the original Power of Attorney documents issued by the Office of Public Guardian or your solicitor. We will take a copy of these documents and return to you.
  • In addition, you will need to ask your attorney to complete and sign a POA Authority Form so we can verify their identity and address electronically. They may also be asked for one identification document by the branch assistant.
  • Copies of these will then be sent to our specialist team who 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/accounts, we'll send out a confirmation letter to your 'main' attorney.

By post

  • 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 POA 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 special restrictions/conditions.
  • 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

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.

Third Party Mandate Ordinary/General/Specific Power of Attorney Lasting/Enduring/Continuing Power of Attorney Court of protection order Department of work and pensions Guardianship Order
Manage donor's account/s if mental capacity is lost    
Hold a debit card
Issue cheques/make payments/withdraw cash
Pay in cash/cheques
Order cheque book/paying in book
Order a replacement debit card/PIN
Order a statement
Set up/amend/cancel standing orders and Direct Debits
Access Telephone Banking
Access Internet Banking*
Change account address
Apply for additional accounts  
Close the account  
Obtain information regarding the account
Arrange an overdraft      

*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.