Who Should You Appoint As Your Attorney?

Creating an Enduring Power of Attorney (EPOA) is an important step in future planning. However, choosing the right person can be just as important as completing the document itself.

Your attorney may be responsible for making important decisions on your behalf if you become unable to make those decisions yourself.

Because of this, the decision should be based on trust, reliability and communication rather than convenience.

What Does An Attorney Do?

The person you appoint is known as your attorney.

This does not mean they are a lawyer. It means they have been given legal authority to make certain decisions on your behalf according to the powers granted in the document and the laws that apply in your state or territory.

Who Do Most People Choose?

Many people choose:

A spouse or partner
An adult son or daughter
A close family member
A trusted friend
A professional or trustee organisation in some circumstances

There is no single right answer. The best choice depends on your personal circumstances.

What Qualities Should You Look For?

When choosing an attorney, it can help to consider:

Trustworthiness
Reliability
Good communication skills
Ability to manage responsibility
Willingness to act in your best interests
Ability to remain calm during difficult situations

The person does not need to be perfect. However, they should be someone you trust to make sensible decisions if you cannot make them yourself.

A Real-Life Example

Imagine your father develops dementia and can no longer manage his financial affairs.

Someone may need to organise bill payments, deal with service providers, manage insurance renewals, speak with banks and handle other important responsibilities.

The person appointed as attorney may be required to manage these matters carefully and responsibly.

This is why choosing someone who is organised, trustworthy and willing to help can be important.

Should You Appoint More Than One Person?

Some people choose to appoint more than one attorney.

This can provide additional oversight and support, but it can also create challenges if the appointed people disagree.

The options available depend on the laws and requirements that apply in your state or territory.

Who Should You Avoid Appointing?

Every family is different, but it may be worth thinking carefully before appointing someone who:

Struggles to manage their own finances
Has difficulty making decisions
Has ongoing conflicts with other family members
May not be willing to take on the responsibility
Does not understand your wishes

Have The Conversation Early

One of the most important steps is having an open conversation before documents are signed.

The person you appoint should understand your wishes, expectations and responsibilities.

Future planning is often easier when these conversations happen before a crisis occurs.

Frequently Asked Questions

Who can be appointed as an attorney?

Requirements vary between states and territories, but many people appoint a spouse, adult child, family member or trusted friend.

Can I appoint more than one attorney?

In many situations, yes. The rules vary depending on your location and the type of appointment being made.

Can I change my attorney later?

In many circumstances, yes. Requirements depend on your state or territory and personal situation.

Should I appoint my oldest child?

Not necessarily. The best choice is usually the person who is most suitable for the role, not simply the oldest family member.

Does my attorney need to be a lawyer?

No. An attorney is usually someone you trust to act on your behalf and does not need to be a lawyer.

Sources and Additional Information

For official information and state-specific requirements, the following organisations may be helpful:

Related Resources

Disclaimer: This article provides general information only and does not constitute legal, financial or professional advice. Laws vary between Australian states and territories.