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.
Example of M&S Bank customer's circumstances | Ordinary/ general/ specific power of attorney | Lasting/ enduring/ continuing power of attorney | Court of protection order | Department of work and pensions | Guardianship order | Third party Mandate |
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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 |
Types of third party access
Setting up a power of attorney or Court of Protection Order with M&S Bank
Once you have obtained the power of attorney or Court of Protection Order 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.
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.
If you register a power of attorney with us, we will ask whether the customer (donor) retains the capacity to manage their financial affairs.
More information can be found under Mental Capacity Act 2005.
What an Attorney can do
What you can do depends on the type of access in place such as Power of Attorney or a Court of Protection Order, and if there are any restrictions on the access document. Our team will be happy to help if you have any queries.
An Attorney can | An Attorney can't |
---|---|
Access Internet Banking* | Borrow money |
Close accounts that are no longer needed | Act outside the terms set out in the Power of Attorney document |
Make additional payments** | |
Order a replacement card/PIN | |
Access Telephone Banking | |
Apply for additional savings account |
*Only one person can access Internet Banking on a sole account. Therefore, either one attorney or the account holder can have Internet Banking access, not both.
**Direct Debits must be in the Main Card Holders name.