Who Should You Appoint As Your Attorney?
Choosing an attorney under an Enduring Power of Attorney is not about rewarding the person you are closest to.
It is about deciding who you trust to manage important legal, financial or property matters if illness, injury or declining decision-making capacity means you can no longer manage them yourself.
Many people automatically appoint their spouse, oldest child or the relative who already helps the most. That person may be suitable, but family position alone does not prove they have the judgement, reliability or integrity the role may require.
The real question is:
Who would you trust to protect your interests if you could no longer supervise what they were doing?
Short Answer
You should appoint an eligible person you trust to act honestly, manage responsibility carefully, follow your lawful instructions and make decisions for your benefit rather than their own.
The person should understand the authority they may receive, be willing to accept the role and have the practical ability to manage the financial, property or legal matters covered by the appointment.
Eligibility rules, available powers and appointment structures differ between Australian states and territories.
Key Takeaway
An attorney may eventually act when you are unable to review transactions, challenge decisions or easily replace them.
Choose according to the responsibilities involved—not age, birth order, family tradition or who may feel offended by the decision.
What Does An Attorney Actually Do?
The person appointed under a Power of Attorney is called an attorney. In this context, the word does not mean that the person must be a lawyer.
It means they have been given legal authority to make specified decisions or complete authorised transactions on your behalf.
Depending on the document and the law in your state or territory, an attorney may be authorised to:
The decisions covered by an Enduring Power of Attorney are not identical across Australia.
For example, an enduring appointment in one jurisdiction may primarily cover financial and property matters. In another jurisdiction, it may also cover certain personal matters. Separate documents may be required for healthcare, medical treatment, lifestyle or accommodation decisions.
An attorney can only use the powers provided by the document and the law that applies.
Why Does Choosing The Right Person Matter?
An Enduring Power of Attorney can give another person substantial control over important parts of your life.
That authority may become most important when you are seriously unwell, recovering from an accident, living with dementia or no longer able to manage complex financial decisions reliably.
Your attorney may need to act when:
- household bills and insurance must continue to be paid
- bank accounts or investments require attention
- home support or residential care costs need to be arranged
- property needs to be maintained, rented or sold
- financial documents need to be signed
- family members disagree about what should happen
- organisations require proof of legal authority
A suitable attorney can keep essential affairs operating and protect your interests during a difficult period.
An unsuitable attorney may create financial loss, neglected responsibilities, secrecy, misuse of authority or long-term family conflict.
What Qualities Should You Look For?
No attorney will be perfect, but the person should be capable of handling the actual responsibilities they may receive.
Will they protect your money and property even when nobody is closely supervising them?
Will they respond when something needs to be done rather than allowing important matters to drift?
Can they consider consequences, avoid impulsive decisions and seek advice when necessary?
Can they manage accounts, records, bills and deadlines without creating unnecessary risk?
Will they follow your lawful instructions rather than imposing their own preferences?
Can they deal constructively with banks, professionals, providers and concerned family members?
Can they separate your interests from their own financial expectations or convenience?
Have they freely agreed to the role and understood what may be required?
Should You Automatically Appoint Your Spouse?
A spouse or partner is often the first person considered because they may already understand the household finances, your preferences and your wider circumstances.
That may make them a sensible choice, but the appointment should not be automatic.
Consider whether your spouse or partner:
- is comfortable managing financial and legal matters
- understands your accounts, property and obligations
- has the health and decision-making ability to perform the role
- can manage the responsibility during a crisis
- is likely to remain available over time
- can recognise and manage possible conflicts of interest
Age, health or shared finances may also mean that both partners could become unable to act at around the same time.
Depending on the law in your jurisdiction, it may be appropriate to consider an alternative or substitute attorney in case your spouse dies, becomes unwell or can no longer accept the responsibility.
Should You Appoint Your Oldest Child?
Not automatically.
Birth order does not determine suitability.
Your oldest child may be trustworthy and capable. Another child, relative or trusted friend may nevertheless be more organised, financially responsible, available or able to manage conflict.
When comparing adult children, consider:
- who manages their own responsibilities reliably
- who follows through when something becomes difficult
- who can communicate with banks and professionals
- who will maintain accurate records
- who can separate your interests from inheritance expectations
- who can resist pressure from other relatives
- who can remain calm when family members disagree
Choosing one child does not mean you love or value your other children less.
An Enduring Power of Attorney is a legal appointment for a particular responsibility. It is not a ranking of family relationships.
Does Your Attorney Need To Be Good With Money?
Your attorney does not need to be a financial expert.
However, someone managing financial or property matters should be capable of understanding basic obligations, maintaining records and recognising when professional advice is required.
Someone who regularly loses documents, ignores bills, makes impulsive financial decisions or struggles to manage their own affairs may have difficulty managing yours.
If your affairs include a business, investment portfolio, multiple properties, trusts or complex family arrangements, the attorney may need to:
- understand detailed financial information
- work with accountants, lawyers or financial advisers
- maintain clear transaction records
- identify possible conflicts of interest
- manage tax, property and contractual obligations
- seek specialist advice instead of guessing
An attorney may be able to obtain professional assistance, but they remain responsible for using their authority properly.
Warning Signs Someone May Be The Wrong Choice
A difficult history or imperfect financial record does not automatically make someone legally ineligible. However, some warning signs deserve careful consideration before authority is granted.
They regularly miss payments, lose documents or struggle to manage their own accounts.
They already speak about your money or property as though it belongs to them.
They may benefit personally from decisions involving gifts, loans, property or future inheritance.
Their involvement may intensify existing disputes or make transparent decision-making difficult.
They frequently ignore responsibilities, fail to respond or leave important tasks unfinished.
They refuse professional guidance or believe the appointment allows them to do whatever they choose.
They may use the appointment to dominate your choices or isolate you from other people.
They feel pressured to accept the role but do not genuinely want the responsibility.
These warning signs do not prove that misuse will occur.
They indicate that the appointment, its limits and any safeguards should be discussed carefully with a qualified legal professional.
Could A Conflict Of Interest Become A Problem?
Family members often have overlapping interests.
An adult child may be both your attorney and a future beneficiary of your estate. A spouse may share property or bank accounts with you. A relative may expect to purchase your home or receive financial assistance.
The existence of an overlapping interest does not automatically make someone unsuitable. The concern is whether they can identify the conflict, follow the law and protect your interests instead of using the appointment for their own benefit.
Think carefully about whether the proposed attorney could remain objective when decisions affect:
- their expected inheritance
- jointly owned property
- family loans or gifts
- their own housing arrangements
- a business they operate with you
- financial support provided to other relatives
Legal advice may help you understand whether conditions, limitations, independent oversight or another appointment structure should be considered.
Should You Appoint More Than One Attorney?
Australian jurisdictions may allow more than one attorney to be appointed, although the available structures and terminology vary.
Multiple attorneys can provide shared knowledge, continuity and additional oversight. They can also cause delay if the appointed people disagree or cannot act efficiently together.
Responsibility may be clearer and routine decisions may be faster. However, there may be less oversight and no immediate replacement if that person cannot act.
Responsibility and knowledge may be shared. However, disagreement, distance or unclear authority may make the arrangement difficult to operate.
Depending on the jurisdiction and document, attorneys may be required or permitted to act jointly, separately, jointly and severally, by majority or under another authorised arrangement.
Before appointing more than one person, consider whether they:
- trust and respect each other
- communicate effectively
- can agree under pressure
- understand their individual responsibilities
- can act quickly when urgent action is required
- will maintain consistent records
Do not assume that appointing several people automatically creates better protection. An arrangement that cannot operate smoothly may create more risk than it removes.
Should Your Attorneys Have Different Responsibilities?
In some circumstances, different people may be better suited to different responsibilities.
One person may be capable of managing everyday banking, while another understands property, investments or business matters.
Dividing authority may provide useful expertise, but it can also create uncertainty where responsibilities overlap.
The document should clearly address:
- which decisions each attorney can make
- whether they must consult one another
- how overlapping decisions will be handled
- what happens if one attorney cannot act
- whether any limits or conditions apply
Obtain jurisdiction-specific legal advice before assuming that responsibilities can be divided in the way you intend.
Should You Appoint A Substitute Attorney?
A substitute, alternative or successive attorney may be permitted under some state and territory arrangements.
This person may be authorised to act if the original attorney dies, resigns, loses capacity, becomes ineligible or can no longer perform the role.
A backup can be important because an appointment may otherwise become unusable when the only attorney can no longer act.
However, substitute appointment rules are not consistent across Australia. The correct form and appointment process must be used.
Does Location Matter?
Your attorney may not need to live near you, depending on the jurisdiction and the responsibilities involved.
Many financial tasks can now be completed remotely. Distance may still affect the person’s ability to:
- attend banks, property inspections or professional appointments
- respond quickly during an urgent situation
- collect or review physical documents
- understand changes in your living circumstances
- communicate with local service providers
Location should not automatically decide the appointment, but it is a practical factor that should not be ignored.
Should You Appoint A Professional Or Trustee Organisation?
A professional, trustee company, public trustee or other eligible organisation may be available in some jurisdictions and circumstances.
This may be considered where:
- there is no suitable relative or friend
- your financial affairs are complex
- family conflict creates a significant risk
- independent administration is preferred
- continuity is more important than a personal relationship
Professional administration may offer experience and independence. It may also involve fees, service limitations and formal acceptance requirements.
Confirm that the person or organisation is eligible, willing and able to accept the particular appointment before including them in the document.
Have The Conversation Before Signing
Do not surprise someone with the appointment after the document has already been prepared.
The proposed attorney should understand:
- why you are considering them
- which powers they may receive
- when their authority may begin
- what records they may need to maintain
- which professionals may be involved
- your expectations about property, expenses, gifts and family support
- where important documents are stored
- whether another attorney or substitute may also be appointed
They should have an opportunity to ask questions and decline the role.
Acceptance should be informed rather than driven by guilt, family pressure or obligation.
What Should You Discuss With Your Attorney?
The legal document creates authority. Conversation provides the context the attorney may later need.
Explain which expenses, commitments and long-term goals matter most to you.
Discuss your preferences about maintaining, renting or selling property if circumstances change.
Identify any lawful financial support you provide to a partner, dependant or relative.
Record the details of your lawyer, accountant, financial adviser and other relevant professionals.
Explain where current banking, insurance, property, taxation and legal information can be found.
Discuss what information should be shared and how concerns or disagreements should be handled.
Should You Tell Other Family Members?
You may not be required to seek wider family approval before appointing an attorney.
However, explaining your decision may reduce suspicion or misunderstanding later.
A careful conversation can make it clear that:
- the decision was made by you
- the appointment reflects suitability rather than favouritism
- the attorney must act within legal limits
- the attorney does not own your money or property
- other relatives may still have important personal or caring roles
Where family relationships are unsafe, coercive or highly conflicted, obtain legal advice before disclosing details or arranging the appointment.
Can You Change Your Attorney Later?
In many circumstances, a person can revoke or replace an attorney while they retain the decision-making capacity required to understand and make that change.
You may need to review the appointment if:
- the attorney dies or becomes unwell
- the attorney no longer wants the role
- your relationship changes
- you lose confidence in the person
- the attorney moves away
- your financial affairs become more complex
- the attorney becomes legally ineligible
- you move to another state or territory
Simply destroying your copy may not properly revoke the authority.
The attorney, financial institutions and other organisations relying on the document may need formal notice. Obtain legal advice before changing or revoking an appointment, particularly if the attorney has already begun acting.
What You May Really Be Trying To Decide
You may not simply be asking which person belongs on the form.
You may be asking:
That decision requires more than affection.
It requires an honest assessment of character, capability, judgement, availability, competing interests and family dynamics.
The person you trust emotionally may not be the person best equipped to manage detailed financial responsibilities.
The person with the strongest financial knowledge may not be the person best able to respect your preferences or manage family pressure.
The aim is not to find a perfect person. It is to choose an arrangement that remains trustworthy, practical and legally workable when you may be unable to repair it yourself.
Decision Support: A Practical Selection Test
Before appointing someone, assess them against the responsibility they may actually carry.
Can You Trust Them Without Supervision?
Think about how they behave when nobody is checking their work or asking them to explain a decision.
Can They Manage The Work?
Consider paperwork, accounts, deadlines, property responsibilities and communication with organisations.
Can They Separate Their Interests From Yours?
They must not treat your money as their inheritance or use the role primarily for personal benefit.
Can They Handle Family Pressure?
They may need to resist demands and explain decisions that other relatives dislike.
Will They Seek Advice?
A suitable attorney should recognise when legal, accounting or financial guidance is needed.
Are They Likely To Remain Available?
Consider their health, location, workload and whether a substitute appointment may be appropriate.
Ask yourself:
- Would I trust this person with access to sensitive financial information?
- Do they manage their own responsibilities reliably?
- Would they keep records if their decisions were questioned?
- Could they say no to relatives seeking access to my money?
- Would they seek advice before making a decision they do not understand?
- Can they make decisions according to my interests rather than their convenience?
- Would I still choose them if they were not my spouse or oldest child?
- Have they freely agreed to accept the responsibility?
If several answers create discomfort, pause before completing the appointment.
Choosing An Attorney
Who can be appointed as an attorney?
Eligibility requirements vary between Australian jurisdictions. An eligible spouse, adult child, relative, trusted friend, professional or trustee organisation may be considered, depending on local law and the powers being granted. Age, capacity, paid-carer relationships, insolvency and other restrictions may apply.
Does an attorney need to be a lawyer?
No. In this context, an attorney is a person legally appointed to exercise specified authority on your behalf. They do not ordinarily need to be a lawyer.
Should I appoint my oldest child?
Not automatically. Choose according to trustworthiness, judgement, reliability, practical ability and willingness to perform the role—not birth order.
Can I appoint more than one attorney?
Multiple attorneys may be permitted, but the available arrangements differ between jurisdictions. Consider whether the proposed attorneys can communicate, cooperate and act efficiently under pressure.
Can my attorney use my money for themselves?
An attorney cannot simply treat your money as their own. They must remain within the authority granted and comply with applicable duties. Gifts, benefits and transactions involving conflicts of interest may be restricted or require specific authority.
Can I appoint someone who lives interstate?
This may be possible, depending on the jurisdiction. Consider whether distance will affect their ability to manage documents, property, appointments and urgent matters.
Can I appoint a professional attorney?
A professional, trustee company or public trustee may be available in some circumstances. Confirm eligibility, services, acceptance requirements and fees before making the appointment.
Can I change my attorney later?
It may be possible while you retain the decision-making capacity required to revoke or replace the appointment. Formal revocation and notification requirements differ between jurisdictions.
What happens if my attorney can no longer act?
A validly appointed substitute or alternative attorney may be able to act. If no replacement arrangement exists, a new appointment or tribunal process may be required, depending on your capacity and circumstances.
Should I obtain legal advice before choosing an attorney?
Legal advice can help identify eligibility restrictions, suitable appointment structures, commencement options, safeguards and state-specific requirements.
Sources
Disclaimer
This article provides general information only and does not constitute legal, financial, medical or professional advice.
Enduring Power of Attorney laws, terminology, attorney eligibility requirements, duties, commencement options and appointment structures vary between Australian states and territories. The appropriate person and legal arrangement depend on your jurisdiction, circumstances and the powers being granted.
Use current official information and obtain advice from a qualified legal professional before making, changing, revoking or relying on an Enduring Power of Attorney.
Summary
The person appointed as your attorney may one day manage important financial, property or legal matters when you can no longer supervise those decisions yourself.
The right person is not automatically your spouse, oldest child or closest relative.
Look for trustworthiness, reliability, sound judgement, practical capability, good communication and a willingness to protect your interests rather than their own.
Consider family dynamics, possible conflicts, location, the complexity of your affairs and whether multiple or substitute attorneys may be appropriate.
Most importantly, choose for the responsibility—not the relationship—and obtain legal advice about the appointment rules and safeguards that apply in your state or territory.