Who cannot be a Power of Attorney?

• Anybody under the age of 18
• Anybody who lacks the mental capacity to make decisions for themselves
• Anybody who is subject to a Debt Relief Order or is an undischarged bankrupt cannot act under an LPA for Property and Financial Affairs. This restriction does not apply to the LPA for Health and Welfare.

In addition, there are practical considerations to take into account when choosing a suitable Attorney:

• Conflicts of interest (an Attorney must act in your best interests)
• Geographical location
• Reliability and trustworthiness
• The Attorney’s availability
• Convicted offenders (although they are not prohibited, appointing someone who has been convicted of fraud or financial crimes should be avoided).