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Assisting someone with their money

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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 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
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            
Choosing third party access
Example of M&S Bank customer's circumstances You are going abroad and won’t have access to accounts
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  
Example of M&S Bank customer's circumstances You are physically ill, injured or disabled which limit your ability to access account services
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  
Example of M&S Bank customer's circumstances You are preparing for a time when you may lose mental capacity
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  
Example of M&S Bank customer's circumstances You have lost mental capacity
Ordinary/ general/ specific power of attorney  
Lasting/ enduring/ continuing power of attorney  Only applicable if set up before loss of mental capacity
Court of protection order  If a lasting or enduring power of attorney had not been set up prior to loss of mental capacity
Department of work and pensions  If a lasting or enduring power of attorney had not been set up prior to loss of mental capacity
Guardianship order  
Third party Mandate  
Example of M&S Bank customer's circumstances The customer is a missing persons
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  

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.

Set up digital banking for your credit card or Everyday Savings Account, and access your accounts safely and securely at your convenience.