Nobody wants to think there may be a time when they can’t look after their own personal and financial affairs. But if we need support, or in turn we need to support a loved one, it’s important to put the right protections in place for everyone.

 

To make decisions on behalf of someone else requires certain granted legal authority. We’re here to help and below you’ll find more about your options and how to get them set up:

--------------------Start of Accordion Container---------------------------

Click on edit button to enter Accordion Header

  • --------------------Start of Accordion---------------------------

    Power of Attorney

    A Power of Attorney is a document by which one party (the Donor) gives another person (the Attorney) the power to act on his or her behalf. It may be a general power or limited to certain defined purposes, such as managing the Donors finances and affairs.

     

    Types of Attorneys

    There are 2 types of Power of Attorney:

     

    General Power of Attorney (POA), also known as an ‘Ordinary’ POA, is a legal document giving someone else the authority to take actions or make decisions on the Donor’s behalf. It enables the Donor to choose an Attorney to deal with their property and affairs. A General POA ceases when the Donor becomes mentally incapable of managing their affairs, or upon the death of the Donor. A General POA could be put in place if the Donor finds it difficult to manage their own finances for example, during a period of illness or if travelling abroad.

     

    Enduring Power of Attorney (EPOA), is similar to a General POA except it is capable of continuing to be effective after the Donor has become mentally incapable of managing their affairs, but only if the EPOA document is registered and stamped with the High Court (Office of Care and Protection). An EPOA can still be used without being registered with the High Court if the Donor remains mentally capable.

    --------------------End of Accordion---------------------------

  • --------------------Start of Accordion---------------------------

    Office of Care and Protection

    The Office of Care and Protection is a division of the High Court, where an ‘Order’ (known as a ‘Control Order’ or ‘Short Procedure Order’) may be granted, which allows an Appointed Controller, to deal with the day to day management of your financial affairs, in the event that you lose mental capacity to manage your finances and there is no EPOA already in place.

     

    The order will state exactly what the Appointed Controller can do, and can impose restrictions on them.

    --------------------End of Accordion---------------------------

  • --------------------Start of Accordion---------------------------

    Third Party Support

    You may wish to appoint a trusted third party to assist you with your daily banking.  This can be a short or long term arrangement, for example, when on holiday or during a period of illness.

     

    The third party will be authorised to withdraw cash at one of our branches, however only you, the account holder, will be authorised to withdraw cash via a cash machine using a debit card.  You must not let anyone else use your card and never tell anyone your PIN.

     

    They will be able to set up and cancel payments such as direct debits, regular payments and cheque payments.

     

    They will not be able to make decisions such as changing the address, opening/closing accounts or applying for any lending products in your name.  They will not have access to Online Banking or debit cards.

    --------------------End of Accordion---------------------------

  • --------------------Start of Accordion---------------------------

    Which option is most suitable to my situation

     

    Options available

    Third party  support    General Power of Attorney    Enduring Power of Attorney    Office of Care and Protection   
    My Dad has broken his leg and cannot walk for 2 months Yes Yes No No
    My Mum is planning for her future and would like reassurance her banking needs will be met Yes Yes Yes No
    My Aunt has been diagnosed with early stages of dementia but no mental capacity issues, what can I do to help? No Yes Yes No
    My Uncle has been diagnosed with terminal cancer and wants a family member to help with his Banking No Yes Yes No
    I am a carer and my patient has mental capacity issues, she has no family. No No No Yes

    --------------------End of Accordion---------------------------

-------------------End of Accordion Container---------------------------

How do I register a Power of Attorney with the bank?

Our staff in each of our branches or business centres are here to help.

 

Please contact us for further information. Our details can be found here.

 

You/The Attorney(s) will need to provide the branch with the following documentation:

 

  • The original of the full General Power of Attorney/Enduring Power of Attorney document or a copy certified by a solicitor;
  • 2 forms of identification for the Attorney to prove identity and residence e.g. UK passport, full or provisional photo driving licence and a utility bill less than 3 months old that confirms your address;
  •  If the Enduring Power of Attorney was signed by the Donor more than 6 months before being presented to the bank, but has not yet been registered with the High Court, we may require further information from the Donor’s GP in order to ascertain that the Donor is still mentally capable of managing their finances.

 

The Attorney will need to complete additional documentation at the branch.

 

Please note that AIB (NI) can only accept Powers of Attorney which are governed by the laws of Northern Ireland.

 

It will take time for us to process this documentation, but our staff in the branch or business centre will keep the Attorney up to date on the progress of this and will also write to the Attorney to confirm when the General Power of Attorney/Enduring Power of Attorney is in place. We will also inform any other departments in AIB (NI) that need to know, and they will be in touch if necessary. 

How to access Online Banking with a POA

An Attorney or someone appointed under a court order may be able to access the account holders account information online. The access granted will be subject to a number of factors which will be explained in more detail at the time an application is received.

Please contact us for further information. Our details can be found here. 

Change in Circumstances

There are a number of changes that may affect the Power of Attorney and/or the arrangement in place with the bank. For example, if the attorney decides they no longer want to fulfil the role, the account holder losses mental capacity or you decide that you (the Donor) no longer wish for the arrangement to remain in place, the agreement with the bank will have to be reviewed and amended.

 

It is important to let us know as soon as there is any change to circumstance so that we can take the appropriate action.

 

Please contact us for further information. Our details can be found here

Appointing an Attorney

As there are different types of Power of Attorney, it is important you use the correct one for your situation. You will need to seek independent legal advice from your solicitor or Advice NI.

 

For further information please refer to the Home, Care and Community section of the NI Direct Government Services website.

 

It is important to let us know as soon as there is any change to circumstance so that we can take the appropriate action.

 

 

Please contact us for further information. Our details can be found here

 

 

 

What will change about daily banking

This table shows the potential changes on the day to day banking on the account.

 

 

Donor has mental capacity

Donor lacks mental capacity

Name on account The account will remain in the donor’s name The account will change to being described as ‘[attorney‘s name] as attorney for [donor’s name].
Debit Card Both donor and attorney can have cards Only attorney will have debit card
Online/Phoneline Banking Either Donor or Attorney can have access* (Attorney access will be limited) Full access may be granted to the attorney only*
Regular Payments/Direct Debit Both Donor and Attorney are able to set up/amend/cancel any regular payments and direct debits Only Attorney will have ability to set up/amend/cancel any regular payments and direct debits*
Chaps Payments Both Donor and Attorney are able to authorise chaps payments Only Attorney will have ability to authorise chaps payments*
Cheque books As Attorney you will be able to sign cheques from the Donor’s cheque book A new cheque book will be ordered and sent to you if you are sole Attorney or to the first Attorney’s address
Donor’s signing rights The Donor will still be able to sign on their account The Donor will not be able to sign. We will only accept an Attorney‘s signature on the Donor’s account
Statements

As Attorney you can ask for duplicate statements to be sent to you but we cannot amend the original statement address

All statements will be sent to the sole or first Attorney’s address

 

*Subject to any restrictions within attorney documentation

--------------------Start of Accordion Container---------------------------

Click on edit button to enter Accordion Header

Frequently Asked Questions (FAQs)

  • --------------------Start of Accordion---------------------------

    What if an attorney’s circumstances change?

    An attorney can choose to stop being an attorney at any time. If there are a number of attorneys appointed and one attorney decides they can no longer act, becomes bankrupt, mentally incapable or dies, the POA can still be valid as the other attorney (s) can continue to act.

     

    Please contact us for further information. Our details can be found here

     

    More information can be found at NI Direct Government

    --------------------End of Accordion---------------------------

  • --------------------Start of Accordion---------------------------

    What happens if the donor dies?

    An attorney should inform all relevant parties in the event of the death of the donor, including the bank. The Power of Attorney arrangement will then end automatically.

    --------------------End of Accordion---------------------------

  • --------------------Start of Accordion---------------------------

    What happens if you want to cancel the Power of Attorney?

    You can cancel or amend the Power of Attorney at any time while you are mentally capable.  For example if the attorney you have chosen dies or becomes incapable or no longer wishes to act on your behalf you will need to appoint a new attorney.

    --------------------End of Accordion---------------------------

  • --------------------Start of Accordion---------------------------

    What happens if the donor has lost mental capacity after the Power of Attorney has been registered with AIB (NI)?

    An attorney must let us know if they have concerns around a donor’s mental capacity. Actions to be taken will then be discussed and alternative banking arrangements considered to help the donor maintain financial independence in a secure environment.

    --------------------End of Accordion---------------------------

  • --------------------Start of Accordion---------------------------

    What happens if a Power of Attorney has restrictions on how an attorney can act for the Donor?

    Some POA’s include restrictions on the attorney’s powers over the donor’s accounts. For example, a POA might say that the attorney is not entitled to act until the donor has lost mental capacity, or that the attorney can only withdraw a certain amount of money or make a certain number of transactions every month. If the POA contains restrictions, we will explain these at the time of registering the documentation with us. 

    --------------------End of Accordion---------------------------

  • --------------------Start of Accordion---------------------------

    What can a person do if they have concerns on the donor’s account?

    You should check the account on a regular basis and if you see any transactions which you do not recognise, please contact us to discuss them. 

    --------------------End of Accordion---------------------------

  • --------------------Start of Accordion---------------------------

    What should I do if I have concerns about the actions of an attorney?

    The Office of Care and Protection has a support line that anyone can contact if they have any concerns around how an attorney is acting. More details can be found at Justice NI Government.

    --------------------End of Accordion---------------------------

  • --------------------Start of Accordion---------------------------

    Where will any correspondence be delivered?

    Unless specified otherwise by the donor, all correspondence will be sent to the donor’s address. If the donor is mentally incapable, all correspondence will be sent to the first attorney’s address (with an exception to online banking set up).

    --------------------End of Accordion---------------------------

-------------------End of Accordion Container---------------------------

Further Information

Additional information which maybe relevant to your circumstances can be found below:

 

Contact Us

Please contact us for further information. Our details can be found here 

3