Introduction to Lasting Powers of Attorney

Lasting Powers of Attorney ("LPAs") are legal documents in which a customer (called the "Donor") grants other people (called "Attorneys") to act on their behalf if and/or when they are unable to manage their own accounts and finances.

To create a Power of Attorney, please either contact a solicitor or go to the government website here: Make, register or end a lasting power of attorney: Overview - GOV.UK (www.gov.uk).The government website includes articles and guides discussing how to set up an LPA. If you need additional assistance, we recommend speaking to a legal professional or appropriate dedicated resource, such as a solicitor or Citizens Advice.

Please note that SBI staff cannot give advice to customers on their specific circumstances and/or estate planning, including preparing and setting up an LPA.

Powers of Attorney must be registered with the Office of the Public Guardian ("OPG") before they can be used with SBI.

Frequently Asked Questions: Lasting Powers of Attorney

Who will be vetted

1. Who needs to be vetted for an LPA to be put in place?

The Donor, Attorneys and Replacement Attorneys (if any).

The Bank prefers to vet everyone involved with the LPA at the outset, to avoid any issues arising later with people – generally attorneys – wishing to give instructions and being delayed or blocked from doing so. If you are unable to get relevant ID documentation for an attorney or replacement attorney, we can still verify the LPA, but we will note on the account(s) that only those attorneys who have been vetted may act.

Regardless, the Donor and at least one Attorney must be vetted for an LPA to be put in place by the Bank.

This is to protect the Donor’s assets from misuse.

What documentation can I use

2. One of my/the Attorneys is based abroad, how do I submit their ID documents?

Please ask the overseas Attorney to send copies of their ID documents to the branch who is handling your LPA, clearly marked as relating to your LPA. These documents – proof of ID and proof of address – should be certified by a notary public or lawyer in good standing in that jurisdiction.

It is not required for Attorneys to come to the branch in person to submit their ID documents.

Please note that we do not accept ID documents certified by Commissioners of Oaths.

3. Can national ID cards be used as proof of ID for non-UK citizens?

Generally yes, provided they are issued by a government department, include photo ID and date of birth. For clarification on whether a particular ID document will be accepted, please check with your local branch or call us for confirmation.

4. I have a non-UK passport which isn’t in English – how do I get it certified?

The passport will need to be both translated and certified. There are lawyers and professionals who specialise in translating and certifying legal documents who may be able to help.

Otherwise, you will need to get a translation of the passport done by a certified translator and then the certified translation will need to be certified by a lawyer.

Please make sure you confirm the details and requirements with the lawyer or notary who will be providing your certification, to ensure that you are complying with their requirements.

If you need more assistance with this, please contact us.

What do I need to submit for the LPA

5. My LPA was made after 2016 – how do I get an access code?

To get an access code, please go to the "Use an LPA" website on gov.uk (link here) and then follow the below steps:

1. Scroll down and click "Start Now".

2. Create an account.

3. Click on "Add LPA" and select "No" when asked if you have an activation key.

4. Fill in the information you’re asked to provide and click "Continue".

5. Check your answers are correct and click "Continue".

6. You will receive confirmation that an activation key will be sent to you.

Typically, the activation code should arrive within ten (10) working days.

Once you have the activation code, please follow the below steps:

7. Log back into your LPA account and click "Add LPA".

8. Once the LPA has been added to your account, you will be able to request an access code to give to SBI UK.

The access code will be thirteen (13) characters long and will begin with the letter "V". It will be valid for thirty (30) days and if it expires before we (or other organisations) can use it, you will be able to request others.

6. My LPA was created after 1 January 2016 but I am unable to get an access code – what should I do?

Our main preference is to get the access code wherever possible as this is quicker for you and easier for us to verify the LPA.

If you are unable to get the access code, please bring to the branch the original copy of the LPA or a certified copy of the LPA and all the ID documents required for verification. We will still be able to verify the LPA, it will just take a little longer as we will need to contact the Office of the Public Guardian ("OPG") directly to confirm the LPA’s validity.

7. I am concerned about giving SBI UK the access code – what does it give them access to do?

The access code only allows SBI UK to view the basic details of the LPA: who the Donor is, who the attorneys and any replacement attorneys are, whether the attorneys were appointed jointly or severally, and the date it was entered into.

The access code does not allow SBI UK to edit any of the information or view any instructions the Donor included in the LPA or for the management of their assets.

The code will be passed by the branch directly to the Legal team and will not be viewed or used by anyone else for any other purpose. Access codes expire after thirty (30) days, so cannot be used indefinitely to view or review details.

Table Listing Documents Required for Verification

Contact Information

For further information, please contact the Bank on 0800 532 532 (if you are calling from within the UK), or +44 207 454 4338 (if calling from outside the UK), or email us at customerservices.sbiuk@statebank.com.

To contact the OPG for assistance with registering an LPA or more information regarding LPAs, please contact them on the following lines: Telephone - 0300 456 0300; Textphone - 0115 934 2778; and email - customerservices@publicguardian.gov.uk