Power of attorney - Frequently asked questions
What is a power of attorney (POA)?
A POA is a legal document that appoints one or more people (attorney/s) to make decisions for you
What is a donor?
A donor is an individual who wishes to give another person/people the authority to act or make
decisions on their behalf.
What is an attorney?
An attorney is a person/people appointed to look after the finances and property or health and
welfare of another person.
What happens if I haven’t put a power of attorney in
place and find I no longer have the mental capacity to make my own decisions?
Please see our section on the options that will be available
in this situation.
What documents will I need to register a POA with M&S
We will need to see the full POA document - either the original, or a copy which has been certified
(see important documents). Please note that we will also need to verify
the identity and address details of each attorney wishing to be registered with us. We may be able
to do this electronically, and each attorney should
complete a POA authority form to be returned to us with the POA document. However, if we’re unable
to verify any details electronically, we’ll contact you with a list of acceptable forms of ID and
How long does it take to register a power of attorney
with M&S Bank?
Typically, this will take five working days. It could be longer if we need to ask for additional
information from you or your attorney/s.
How will I know when the power of attorney is registered
with M&S Bank?
We will send a confirmation letter to your 'main' attorney to confirm the POA is set up on your
What happens if I become mentally incapable?
Some types of power of attorney remain valid if the donor (you) becomes mentally incapable. Please
see our power of
attorney page for further information. For further information on mental capacity please
refer to our mental capacity
Can I appoint more than one attorney?
Yes. If you appoint more than one attorney, you must specify whether they are to act 'jointly' (ie
together) or 'jointly and severally' (ie together or individually). It is worth noting that if you
appoint your attorneys to act 'jointly' they won't be able to have access to Telephone Banking or
Internet Banking. If you appointed your attorneys to act
‘jointly and severally’, however, you would be able to choose and appoint one of your attorneys to
have access to the above services.
What happens if I appoint a solicitor or a firm as an
The same process applies as if an individual has been appointed.
What happens when I die?
The POA would be cancelled as would the authority of any attorneys. For more information on what
happens to your accounts when you die, see our bereavement support
What if my power of attorney is from a different country?
We do accept foreign power of attorney documents, but each decision to accept a foreign power of
attorney is taken on a 'case by case' basis. You would need to provide the original POA document in
the foreign language and also have a translation done, which would need to be stamped by a notary.
What happens if the power of attorney document contains
We will need to comply with any restrictions which are stated in the document. It may take a little
longer to register with us as we may need to request additional information. This may also mean that
your attorney/s cannot access all of our services (such as Telephone Banking or Internet Banking).
What does 'jointly' and 'jointly and severally' mean?
'Jointly' means that all the Attorneys must act together at all times. 'Jointly and severally'
(sometimes referred to as 'jointly and individually') means that the attorneys can either act
individually or together.
What is a Court of Protection Order?
What is a ‘deputy’?
What is a ‘controller’?
Does it cost anything to register a power of attorney
with M&S Bank?
No, there is no cost for registering a power of attorney with us.