Can Family Override An Attorney?

Many Australians create an Enduring Power of Attorney (EPOA) so that someone they trust can manage important financial and legal matters if they lose decision-making capacity.

However, family disagreements can sometimes arise when the appointed attorney begins acting on behalf of a loved one.

This often leads to an important question:

Can family members override an attorney if they disagree with the decisions being made?

The answer depends on the circumstances, the authority granted under the document and the laws that apply in the relevant state or territory.

In this guide, we explain how an attorney’s role works, when concerns may arise and what families should understand about disputes involving an Enduring Power of Attorney.

What Is An Attorney?

An attorney is a person appointed under a Power of Attorney or Enduring Power of Attorney document.

The role generally involves managing certain financial and legal matters on behalf of another person.

The authority granted to an attorney depends on the document itself and the laws that apply in the relevant state or territory.

An attorney is not automatically responsible for health, medical or lifestyle decisions, which are often covered by separate planning documents.

Can Family Members Simply Override An Attorney?

In general, family members cannot automatically override an attorney simply because they disagree with a decision.

The purpose of creating an Enduring Power of Attorney is to allow the person making the document to choose who they trust to manage certain affairs if needed.

If family members could simply overrule that appointment whenever they disagreed, the document would provide very little certainty.

However, this does not mean an attorney can do whatever they want.

What Responsibilities Does An Attorney Have?

While laws vary across Australia, attorneys are generally expected to:

Act in the person’s best interests.
Follow the authority granted under the document.
Manage affairs honestly and responsibly.
Keep appropriate records where required.
Avoid using the role for personal benefit.

The role carries significant responsibility and should not be taken lightly.

When Do Family Disputes Usually Occur?

Family disagreements often arise when:

Large financial decisions need to be made.
Property is being sold.
Money is being spent on care services.
Family members have different opinions.
Communication breaks down.
People do not understand the attorney’s role.

Sometimes the dispute is not about wrongdoing. It may simply be a difference of opinion.

What If Family Members Believe Something Is Wrong?

If family members genuinely believe an attorney is acting improperly, concerns should not be ignored.

Depending on the circumstances, there may be legal processes available through the relevant state or territory authority.

The exact options vary across Australia.

Professional legal advice may be appropriate if serious concerns exist.

Can An Attorney Ignore The Person’s Wishes?

An attorney is generally expected to act in the interests of the person who appointed them.

The role is not intended to allow someone to take control of another person’s affairs for their own benefit.

Good attorneys try to understand the person’s values, preferences and financial needs when making decisions.

How Can Families Reduce Future Conflict?

No document can completely prevent disagreements.

However, future conflict may be less likely when:

The right attorney is chosen.
Family discussions occur early.
Planning documents are reviewed regularly.
Expectations are communicated clearly.
Financial arrangements are organised properly.

Open communication often prevents many problems before they start.

Why Choosing The Right Attorney Matters

The best way to reduce future disputes is often to choose the right attorney from the beginning.

The person should ideally be someone who:

Is trustworthy.
Can manage financial matters responsibly.
Communicates well.
Can remain calm during stressful situations.
Will act in your best interests.

Choosing carefully today can help create greater confidence for your family in the future.

Real-Life Example

John appointed his daughter as his attorney several years before developing serious health issues.

As his care needs increased, decisions needed to be made about property, ongoing expenses and financial management.

Some family members disagreed with certain decisions and believed different choices should be made.

While there were differing opinions, John had already chosen who he wanted to manage these matters if he could no longer do so himself.

Because planning had been completed earlier, there was greater clarity about who was responsible for managing his affairs.

What Happens If No EPOA Exists?

If no Enduring Power of Attorney has been created, family members may face additional challenges when financial decisions need to be made.

This can create delays, uncertainty and added stress during difficult times.

This is one reason many Australians choose to put an EPOA in place before a crisis occurs.

Frequently Asked Questions

Can my children override my attorney?

Not automatically. Family members generally cannot override an attorney simply because they disagree with a decision.

Can multiple family members act as attorneys?

The options available depend on the laws in your state or territory and how the document is prepared.

What if I think an attorney is acting improperly?

Legal advice may be appropriate. Depending on the circumstances, concerns may be raised through the relevant authority in your state or territory.

Can an attorney spend the person’s money however they want?

No. Attorneys generally have legal responsibilities and are expected to act appropriately and in the person’s interests.

Is an attorney the same as an Enduring Guardian?

No. An attorney generally deals with financial and legal matters, while an Enduring Guardian generally deals with personal, health and lifestyle decisions.

Sources

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Disclaimer

This article provides general information only and is not legal advice. Enduring Power of Attorney laws vary between Australian states and territories. Professional legal advice should be obtained regarding your own circumstances.