A Power of Attorney enables someone to act on your behalf and gives them authority over property, finances or healthcare. However, there are some types of people who you cannot choose to be your LPA attorney.
Under 18s
Under the Mental Capacity Act 2005 legal framework, the first rule is that an attorney must be aged 18 or over, as they need the legal capacity to make binding agreements and fulfil their duties.
Persons declared bankrupt
In some cases, someone who has been declared bankrupt can’t be an attorney. This is the case for Property and Financial Affairs LPAs and if an attorney becomes bankrupt, they are disqualified from handling someone else’s financial affairs. This is not the case for Health and Welfare LPAs.
People without mental capacity
In order to act in the donor’s best interests, the attorney must have mental capacity. If they lack capacity, they are not eligible to act.
Anyone the donor prohibits
When the POA document is being drafted, the donor can specify exclusions or restrictions, which include excluding certain people from serving as their attorney. If you are thinking about setting up an LPA online, experts such as https://powerofattorneyonline.co.uk/ can help with any queries around attorneys.
Convicted offenders
Although there is no legal restriction to appointing an attorney who has a criminal record, concerns may be raised by third parties. This includes financial institutions who may not want to work with someone who has a conviction, particularly those convicted of financial misconduct or fraud.