PART 5LASTING POWERS OF ATTORNEY

Appointment of attorneys and replacements

101Appointment of attorneys: requirements as respects attorneys

1

A person appointed as an attorney by an instrument executed with a view to creating a lasting power of attorney (a “relevant instrument”) must be—

a

an individual who is 18 or over at the time the instrument is executed; or

b

if the instrument relates only to the donor's property and affairs, either such an individual or a trust corporation.

2

An individual who is bankrupt may not be appointed by a relevant instrument as an attorney in relation to the donor's property and affairs.