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Power of Attorney & Court of Protection

We know this can feel like a big step. We are here to make it as simple and straightforward as possible. 

A Power of Attorney lets someone you trust help with your money and accounts or manage them for you. This page explains what it is, how to register it with us, what we need, and what happens next. 

Registering a Power of Attorney 

Before an attorney can use your accounts, you need to register the Power of Attorney with us. 

Please send us: 

You can bring these to a branch or send them to us by post. 

We may also need: 

  • Proof of identity and address for each attorney 

We will let you know if we do. 

Visit a branch 

Branch Finder 

By post 

Write to us: 
Newcastle Building Society 
1 Cobalt Park Way 
Wallsend 
NE28 9EJ 

You can register a Power of Attorney on: 

  • An existing savings account 
  • An existing mortgage account 
  • When opening a new savings account 

What happens next 

When we receive your documents, we will check them and confirm who can act on the account. If we need anything else, we will tell you. 

We will explain the next steps clearly. If you need extra help, we will do our best to support you and explain any help we can offer.

Frequently asked questions

What is a Power of Attorney? 

It is a legal document that lets you choose someone you trust to help make decisions for you, or to make them for you. This person is known as the attorney. You can only set one up while you still have mental capacity.

Why might I set up a Power of Attorney? 

It helps you plan ahead. It means someone you trust can help with money and account decisions if you need support.

Without one, someone may need to go through a legal process before they can manage your affairs.

You cannot get a Power of Attorney once you have lost mental capacity. Your family or partner will not automatically be able to manage your finances for you. To help you, they may need to apply to the Court of Protection for this. This can take a long time and can be costly.

What is mental capacity? 

It means being able to understand, decide and tell someone your decision when it is needed. 

When you register a Power of Attorney with us, we may ask questions to understand if the account holder can make decisions about their finances. 

What type of Power of Attorney do I need for my accounts? 

To manage savings or mortgage accounts, it must cover property and financial decisions. 

In England and Wales, this is a Property and Financial Affairs Lasting Power of Attorney. In Scotland, it must include financial powers. 

Lasting Power of Attorney (LPA) - In England and Wales, this must be registered with the Office of the Public Guardian before it can be used on bank and building society accounts. 

You can choose if the attorney acts straight away or only if you lose mental capacity. A solicitor can help, or you can use the government online service

Continuing or Combined Power of Attorney - In Scotland, it must include financial powers and be registered before it can be used. 

Enduring Power of Attorney (EPA) - These were replaced by LPAs in October 2007, but one made before then may still be valid. 

Ordinary Power of Attorney - This can be used for financial decisions while the donor still has mental capacity. It is often used for short-term help. An example is when you are travelling, making it difficult for you to manage your finances. 

What is the Office of the Public Guardian (OPG)? 

It checks and registers LPAs in England and Wales and helps protect people who may not be able to make decisions for themselves. 

What is the Court of Protection? 

It makes decisions for people who do not have mental capacity when there is no Power of Attorney in place. Where a person cannot make their own decisions, the Court of Protection can appoint a deputy to make decisions for them. The court will decide who that person should be and what they can do.  

What is an LPA access code? 

You may be able to give us an LPA access code instead of sending the paper document. 

You can create this on the government website, start lasting Power of Attorney.  

The code lasts for 30 days from the date you create it. 

Sometimes the code does not show all the information we need. If that happens, we will ask to see the full document. 

What happens if an attorney dies? 

This depends on how the Power of Attorney was set up and whether replacement attorneys were named. You may need legal advice. 

What happens when the donor dies? 

A Power of Attorney ends when the donor dies. After that, the estate must be dealt with by the right legal person or people. 

Can a Power of Attorney be cancelled or changed? 

In many cases, yes. This is usually done through the Office of the Public Guardian or another legal process, depending on the type of document. 

Handy definitions 

Donor: The person who makes the Power of Attorney. 
Attorney: The person chosen to act for the donor. 
Mental capacity: Being able to make a decision when it needs to be made. 
Certified copy: A copy checked and signed as a true copy of the original document. 

Need more help? 

You may find these websites useful for more information and support. 

Government guidance can help you understand Power of Attorney, Deputyship and what to do next. 

The Office of the Public Guardian has more information about making and using a Power of Attorney.