Get your power of attorney checked so you can use it with us
Before you can manage Prudential policies or investments on behalf of someone else, we'll need to check the power of attorney you hold. We’ll also need to check your details and the details of the customer.
This is an important part of protecting our customers.
You need to send it to us so we can check it
You need to send us the original document or a certified paper copy so we can check that the power of attorney:
- is the right kind
- has a witness signature
- is registered, if it needs to be.
We also need to see what the full document says, this will tell us what you're allowed to do.
And even if you've registered it with a government body, we'll need to see it.
We need to check attorney and customer details too
We need to check the details of you as the attorney and the details of the customer who has granted you the power of attorney. This includes checking identity.
If there are other attorneys, we may need to check their details too.
We might be able to check these details from information you give us over the phone. Or you and the other attorneys may have to send us some documents.
We only accept certain types and some might need to be registered first
We can only accept powers of attorney that cover finances and property. And if you have the type that needs to be registered, then you’ll need to make sure it’s registered before we can accept it.
- A 'general' or 'ordinary' power of attorney if you live in the UK (doesn’t need to be registered)
- A 'lasting' power of attorney if you live in England or Wales (must be registered)
- A 'continuing' power of attorney if you live in Scotland (can be unregistered if it was created and signed before 1 April 2001. If it was created and signed on or after 2 April 2001 then it must be registered).
- An 'enduring' power of attorney if you live in Northern Ireland (can be used unregistered while the person who created the power is still mentally capable, but must be registered once the person who created the power becomes or is becoming mentally incapable).
We can’t accept powers of attorney that cover just health or welfare, but we can accept a ‘combined’ power of attorney that covers health, welfare, finances and property.
All types of power of attorney must have a witness signature.
You’ll need to check that your power of attorney is registered, if it needs to be
If you have a registered enduring or lasting power of attorney, there should be markings on your original document – like a seal or registration stickers or perforations and a registration number. The relevant government body will also issue you with a certificate of registration.
If you have a registered continuing power of attorney, the original document won’t have any registration markings, but again the relevant government body will issue you with a certificate of registration.
If you have a general or ordinary power of attorney, it doesn’t need to be registered.
You can also check with the right government body:
- For powers of attorney registered in England or Wales, contact the Office of the Public Guardian.
- For powers of attorney registered in Scotland, contact the Office of the Public Guardian of Scotland.
- For powers of attorney registered in Northern Ireland, contact the Office of Care and Protection.
You'll need to send us a few documents so we can check your power of attorney
To verify a power of attorney, you need to send us:
- The original document, or a paper copy that's been certified on every page. You need to send us every page of either the original or copy.
- A cover letter containing any reference numbers and as much useful information that you have. This includes your details (such as name and address) and the details of the customer (such as name, current address and old address, if the person has recently moved).
- The original or certified paper copy of the certificate of registration (if the power of attorney doesn't have any registration markings on it).
If you're sending us a copy it needs to be certified in a particular way
If you would prefer to send us a copy of the power of attorney, instead of the original, it must be certified in a particular way. This is necessary under UK law.
The person who created the power of attorney can certify it (if they are capable of making their own decisions).
A UK solicitor or notary public can also certify it. They may charge you for this.
Stockbrokers can also certify the pages of most types of power of attorney, but not a lasting power of attorney. Again, they may charge you.
Every page needs to have:
- The words: “I certify this to be a true and complete copy of the [type] power of attorney”. So, if it was a copy of a lasting power of attorney, you’d write: “I certify this to be a true and complete copy of the lasting power of attorney”. It can be either written or stamped
- The name of the person certifying the copy
- The signature of the person certifying the copy
- The date when the document was certified.
We can't accept digital copies.
If your power of attorney was set up outside the UK, it needs to be legalised
If you have a power of attorney that has been created in a country outside the UK, you need to legalise it in the country where it was created before you can use it in the UK.
The process for legalising the power of attorney will differ, it depends on the country where it was created.
You’ll also need to send us documents so we can verify your identity as the attorney.
If you get in touch and let us know which country the power of attorney was created in, we can talk you through what you need to do.
If you don't have power of attorney, but need to manage someone else's finances, you'll need to get a court order
If the customer (who has granted the power of attorney) can still make their own decisions, you can set up a power of attorney.
If they can't, then the court will need to decide who will look after their affairs.
It takes the form of a court order:
- In England and Wales, it's a Deputy's Order (for someone to handle your affairs on an ongoing basis) or an Interim Order (for urgent one-off actions or decisions) from the Court of Protection.
- In Scotland, this could be either a Guardianship Order (for someone to handle your affairs on an ongoing basis) or an Intervention Order (for one-off actions or decisions).
- In Northern Ireland, this is known as a Controller Order.
You should talk to a solicitor for advice.
You can find one in your area through one of a number of legal bodies:
- Search for a solicitor through the Law Society (for England and Wales),
- Search for a solicitor through the Law Society of Scotland
- Search for a solicitor through the Law Society of Northern Ireland
Where to send your documents
Send your documents to:
We’ll take good care of your original documents or copies. And if you send them to us by special delivery or recorded delivery, we’ll send it back the same way.
You won't be able to use your power of attorney with us until we've checked it
Until we verify the power of attorney document and your identity as the attorney, you can't make any changes such as changes to address for letters, bank details or income amounts.
Also, we won’t send any letters to the addresses we have on file.
We'll hold them back until the power of attorney is verified and you've told us what address to send them to.
If the customer is in a care home, we'll need to take that address too. But we won't send any important letters relating to the policy to the care home, unless you ask us to.
Checklist: what you need to do
- Check your power of attorney documentation
- Call us so we can check your details and the details of the attorney(s)
- Send us the power of attorney documentation and any proof of identity (if needed)
Get in touch
If you have any questions about power of attorney, and to check your details and the details of the attorney(s), get in touch.
When you call, we’ll ask you to confirm your details, as well as the details of the customer who has a policy with us.