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IDG52250 - Procedure for disclosing to others (non-government): Disclosure when there is power of attorney
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IDG52250 - Procedure for disclosing to others (nongovernment): Disclosure when there is power of attorney
What is a power of attorney? An Ordinary or General Power of Attorney Procedure to follow - ordinary power of attorney Deceased taxpayers: Powers of Attorney for repayments from Estates Powers of Attorney for Incapacitated Individuals Procedural instructions according to locality Further guidance
1/27/13
IDG52250 - Procedure for disclosing to others (non-government): Disclosure when there is power of attorney
certified, according to section 3 of the Act, if it is certified as a true and complete copy on every page by the donor of the power, a solicitor or a stockbroker. The authorised person should sign each page of the copy to certify their verification. In accordance with these requirements, any documentation presented to you should therefore be either the original document or a certified copy as specified by the Powers of Attorney Act. Such proof of power of attorney is required by most financial institutions, such as banks, before details of an account can be disclosed. Any request for this level of proof by you should not therefore present problems. Once you are satisfied that the attorney has the donor/granters authority to deal with their financial affairs, you should take a copy of the documentation for your file. You may then disclose to the attorney any information that could have been provided to the donor/granter. Please note that in these cases the customer also retains his or her right to deal with their own affairs and so you may continue to disclose information to the customer in the usual way. Top of page
1/27/13
IDG52250 - Procedure for disclosing to others (non-government): Disclosure when there is power of attorney
noted to the effect that you have had sight of original documents or an appropriately certified copy. In all circumstances, if the donor/granter dies, the power of attorney is immediately revoked and is replaced by normal probate rules; no further HMRC data should therefore be supplied to the attorney under the authority of the power of attorney. Top of page
Further guidance
If you are dealing with a power of attorney and are unsure how to proceed, please send your query to the ccp, disclosure(RP CCP London)(In Box).
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www.hmrc.gov.uk/manuals/idgmanual/idg52250.htm
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