Banks must accept a registered Lasting Power of Attorney. This is not discretionary. The law is clear. And yet attorneys regularly find themselves turned away, asked to return with different documents, or told that the branch does not handle these requests. Knowing your rights and knowing the process makes a significant difference.
What to bring to the bank
When you first visit a bank to register the LPA, bring:
- The original registered LPA document, or a certified copy. Certification must be done by a solicitor, a notary, or an OPG-approved person
- Photo identification for yourself as the attorney, such as a passport or driving licence
- Proof of your address if the bank asks for it, such as a recent utility bill
- If there are multiple attorneys, check whether all of them need to be present or whether one can act alone, depending on whether you act jointly or jointly and severally
Most banks will take a copy of the LPA and keep it on file. Some will want to retain the original temporarily. If a bank asks to retain your original and you only have one, insist on getting a certified copy made first. Do not surrender your only registered copy without getting it back.
The OPG online verification service
Since 2021, the OPG has offered an online verification service that allows banks to confirm the validity of a registered LPA electronically. Not all banks use this, but major high-street lenders increasingly do. If a bank offers this option, it can simplify the process considerably as you do not need to bring physical documents.
You will need the LPA reference number from the OPG to use the service. This is on the registered document itself.
What the bank can and cannot ask for
Banks are entitled to verify that the LPA is genuine and properly registered. They are not entitled to interrogate your reasons for acting under it, question whether the donor truly lacks capacity, or impose additional requirements that the law does not require.
Common things banks legitimately ask for:
- The LPA document or a certified copy
- Your identification
- Time to process the registration, usually a few days
Things banks sometimes ask for that they are not entitled to require:
- A medical certificate proving the donor lacks capacity. For property and financial LPAs, you can often act even if the donor has capacity, so this requirement is frequently inappropriate
- A solicitor’s letter confirming the LPA is valid. The registered document itself is the legal proof
- Your presence in a specific branch when you could provide documents by post or secure upload
If a bank refuses to accept a properly registered LPA, you can contact the Financial Ombudsman Service or the OPG for support. It is rare that matters reach that stage, but it is worth knowing the escalation path.
When branch staff do not know the process
An attorney visits her mother’s bank branch with the original registered LPA. The cashier tells her that LPAs can only be processed at a specialist branch in another town, and that she needs a letter from a solicitor confirming the document is valid. Neither of these requirements is correct. The attorney asks to speak to the branch manager, shows them the OPG guidance on the bank’s own website, and the matter is resolved the same day.
Managing the accounts day to day
Once you have registered the LPA with the bank and have access to the donor’s accounts, the key rule is simple: keep everything separate. The donor’s money is the donor’s money. It must never be mixed with your own.
- Do not use the donor’s account to pay your own bills, even temporarily
- Do not borrow from the donor’s funds with the intention of repaying later, unless the LPA explicitly permits it and you record it carefully
- Keep a clear record of every transaction you make using the donor’s funds
- If you pay for something on the donor’s behalf from your own money, keep the receipt and reimburse yourself promptly and transparently
Online and telephone banking access
Access to online and telephone banking for attorneys varies significantly between banks. Some make it relatively straightforward; others have not yet built systems that accommodate attorneys properly. Worth asking each institution directly what they can offer.
If online access is available, set up a separate login in your capacity as attorney rather than using any credentials you may share with the donor. This keeps a clear audit trail of which actions were taken by whom.
Every financial transaction you make as attorney is a potential record the OPG could ask to see. Bank statements alone are not a full record. You also need to document why significant transactions were made, what the donor’s best interests were, and what alternatives you considered.
Keeping financial records the OPG would accept
Holding bank statements is the starting point, not the end. The OPG expects attorneys acting under a property and financial affairs LPA to maintain proper accounts covering all income and expenditure. For an annual overview of what that looks like in practice, see our guide to managing finances under an LPA, and our article on what documentation you are expected to keep.
In summary, for each financial decision of significance, your records should show:
- What was spent or received, and when
- What it was for
- Why it was in the donor’s best interests
- Any receipts, invoices, or supporting documentation
Keep a financial record the OPG would be proud of
Wardly tracks income, expenses, and receipts alongside your decision log, so your financial records and best interests reasoning are always in one place.
Start your free logFrequently asked questions
Can a bank refuse to accept a registered LPA?
No. A legally registered LPA must be accepted by banks and other financial institutions. If a bank refuses, you can escalate to the branch manager, contact the bank's dedicated LPA team (most major banks have one), or complain to the Financial Ombudsman Service.
Do I need to bring the original LPA to the bank, or will a copy do?
A certified copy is usually sufficient. Certification must be done by a solicitor, notary, or other approved person. Some banks prefer the original. It is worth calling ahead to check what a specific bank requires before your visit.
How long does it take for a bank to register an LPA?
Most banks aim to process the registration within a few working days, though in practice it sometimes takes longer. During this period, you may not have full access to the accounts. If there is an urgent financial matter, explain the situation to the bank's specialist team.
Can I get online banking access as an attorney?
This depends on the bank. Many major banks now offer online access for attorneys, either through a separate login or by adding the attorney to the account. Ask the bank directly what arrangements they can make.
Can I transfer money from the donor's account to my own account?
Only for legitimate purposes, and with clear records. For example, reimbursing yourself for expenses you have paid on the donor's behalf is acceptable if properly documented. Transferring the donor's money to yourself for any other reason without Court of Protection approval is likely to be a misuse of the LPA.
What if the donor has accounts at multiple banks?
You will need to register the LPA separately with each institution. This is time-consuming but unavoidable. Most major banks have a specialist team or process for this. Keeping a record of which institutions have been notified, and when, is worth doing from the outset.