Can Attorneys Access Bank Accounts in the UK?

A bank account can be the practical centre of someone’s life: bills are paid from it, pensions arrive in it, and it may hold money needed for day-to-day care. So, can attorneys access bank accounts when a person becomes unable to manage their own finances? In many cases, yes - but only when the right legal authority is in place and the bank has completed its own checks.

For families, the distinction matters. Good intentions alone do not give a spouse, child or friend the right to deal with another adult’s money. Putting clear arrangements in place before illness, an accident or a loss of mental capacity can spare relatives a great deal of stress at an already difficult time.

Can attorneys access bank accounts under an LPA?

An attorney appointed under a registered Lasting Power of Attorney for property and financial affairs can usually manage the donor’s bank and building society accounts. The donor is the person who made the LPA. This type of authority can allow the attorney to pay household bills, arrange care fees, collect income, speak to banks and manage savings or investments.

The LPA must be registered with the Office of the Public Guardian before it can be used. Once registered, the attorney will normally need to provide the bank with the relevant LPA details and suitable identification. Each bank has its own process, so access is not always immediate. It may set up the attorney with a separate card, online access or a dedicated account profile rather than simply handing over the donor’s existing bank card and PIN.

A property and financial affairs LPA can be used as soon as it is registered, provided the donor has not included a restriction saying it can only be used after they lose mental capacity. This can be helpful where someone still understands their affairs but wants trusted support with paperwork or banking.

That does not mean the attorney takes control of everything. A donor who still has mental capacity remains entitled to make their own decisions and use their own money. An attorney should involve them wherever possible.

The authority that does not cover bank accounts

A health and welfare LPA does not give an attorney power to manage a bank account. It covers decisions about matters such as medical treatment, care arrangements and where the donor lives, but only when the donor lacks capacity to make those decisions themselves.

This is a common source of confusion. Many people assume that naming someone to make care decisions also enables them to pay bills or deal with a pension. It does not. If financial support may be needed, a separate property and financial affairs LPA is required.

Similarly, being named as an executor in a will does not permit someone to access accounts during the account holder’s lifetime. A will only takes effect after death.

What can an attorney do with the money?

An attorney’s role is one of responsibility, not ownership. They must act in the donor’s best interests, keep the donor’s finances separate from their own and use the money for the donor’s benefit. They should keep clear records of significant decisions, payments and withdrawals.

This might include paying the mortgage, council tax, insurance, care costs, household expenses and professional fees. It can also include making sensible choices about savings, provided these decisions are appropriate to the donor’s circumstances and wishes.

Attorneys can make limited gifts on the donor’s behalf, such as usual birthday or Christmas gifts to family members, if they are reasonable in relation to the donor’s means. Larger gifts, transferring property or making significant tax-planning arrangements may require approval from the Court of Protection. This is an area where assumptions can cause serious problems.

An attorney must not use the donor’s account as their own, borrow from it, make payments for their personal benefit or change the donor’s will. Even where a family member has been helping with money informally for years, the legal duties under an LPA still apply.

Why a bank may refuse access at first

A bank is responsible for protecting its customer, particularly where fraud or financial abuse may be a risk. It may therefore ask to see the registered LPA, identify each attorney and clarify whether attorneys must act together or can act independently.

The way attorneys are appointed is especially important. If they are appointed to act jointly, they generally need to agree and sign for decisions together. This can provide an additional safeguard, but it can be less practical if one attorney is unavailable or becomes unwell. If they are appointed jointly and severally, each attorney can usually act alone or with the others, which offers more flexibility.

Banks may also place reasonable controls around transactions, particularly at the beginning of the arrangement. That is not necessarily a sign that the LPA is invalid. It is usually part of the bank’s duty to ensure the account is being used properly.

It helps to contact each bank, building society and investment provider early, while the donor can still explain their wishes if needed. Keeping a list of accounts, regular payments and key contacts can make the process far easier for an attorney later.

What happens if there is no LPA?

Without a registered property and financial affairs LPA, relatives do not automatically have authority to access an adult’s accounts, even if they are married, are a civil partner or are the person’s next of kin.

A bank may make limited arrangements to help with essential bills in some circumstances, but it cannot simply allow a relative to take over. If the person no longer has mental capacity and no LPA exists, an application to the Court of Protection for a deputyship order may be necessary. A deputy can have authority to manage finances, but the process is usually more time-consuming, more expensive and subject to ongoing supervision than having an LPA prepared in advance.

This is why an LPA is often seen as preventive planning rather than a document for old age alone. A stroke, serious illness or accident can affect people at any stage of adult life.

What changes when the account holder dies?

An attorney’s authority ends immediately when the donor dies. From that point, the attorney must not use bank cards, online banking or the account to make further payments, even for funeral costs or household bills.

The bank will normally freeze sole accounts once notified of the death, although it may release funds directly for certain expenses, such as funeral costs or inheritance tax. The executors named in the will, or administrators if there is no will, then deal with the estate. They may need a grant of probate or letters of administration before the bank will release larger balances.

Joint accounts are different. In many cases, the surviving account holder can continue to use the account, although the bank should still be told about the death. Whether money in a joint account forms part of the estate can depend on the circumstances, so it is wise not to make assumptions where substantial sums are involved.

Choosing attorneys carefully

The person you appoint should be trustworthy, organised and willing to act. They should understand that they may need to make careful decisions under pressure, keep records and communicate with banks, care providers and family members.

It is sensible to consider more than one attorney and to think about how they will work together. A capable relative who lives nearby may be a practical choice, but distance is not the only consideration. Reliability, financial confidence and the ability to respect your wishes are equally important.

You can include preferences and instructions in an LPA. For example, you may wish your attorneys to consult a financial adviser before selling investments, or to keep a particular account available for household spending. Clear guidance can reduce uncertainty and help avoid family disagreements.

A properly prepared property and financial affairs LPA gives the right person a lawful route to help, while retaining safeguards around your money. For families across Essex, Suffolk and the wider East of England, Langham Wills can explain the options in plain English and help put arrangements in place with care. The best time to decide who could manage your accounts is while the choice is entirely yours.