Who can make a Power of Attorney (PoA)?

Anyone over 16 can make a PoA, but you need to have capacity and be able to understand what you are doing by granting this.

As part of the PoA process a solicitor registered to practise law in Scotland or a practising member of the Faculty of Advocates  or a registered UK medical doctor who holds a licence to practise must carry out an interview with you and confirm that you understand the nature and impact of making a PoA. If the person is satisfied of this they will complete a certificate of capacity(known as schedule 1), this forms part of your PoA document.

The law says that someone who is currently declared as bankrupt cannot make a PoA to deal with their financial and/or property affairs. However, you would still be able to make a PoA giving powers to deal with your future personal welfare decision making.