I have two daughters and I want them both to be involved in making decisions on my behalf in the event that something goes wrong with me. Can I choose who the attorney is and can I appoint both of them?
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Answer by Neha Sharma, Hillsdale 2036 NSW
- As the donor you have the power to choose who you want as your attorney. It is a very important decision and should not be taken lightly.
- You can choose a family member, a friend or a professional trustee such as the Public Trustee to act as your attorney. You may also choose your lawyer to be your attorney however they will not be able to execute the power of attorney document in this case.
- This sort of appointment may become complicated if the lawyer is appointed as an attorney under an enduring power of attorney. For example the lawyer cannot sanction payment of bills under any costs agreement to themselves if the donor loses mental capacity to authorise payments.
- You should not choose to appoint both of your daughters just because you want to be fair.
- You must choose a person who is:
- trustworthy;
- reliable;
- willing to accept the attorney; and
- able to take decisions independently.
- If you believe that both of your daughters are equally suitable then you can certainly appoint more than one attorney. The attorneys can act either jointly, severally or both.
- When acting jointly all attorneys must act together and cannot make separate decisions. If one attorney becomes unable to continue with their appointment the power terminates.
- When acting severally each attorney has the power to act independently of one another.
- When acting severally or jointly all attorneys may act together or separately. If one attorney becomes unable to continue with their appointment the power of attorney does not terminate.