What is an Attorney and How Do I Choose One?
If you’re a fan of American movies and TV dramas, you might associate the word “attorney” with a lawyer. Elle Woods? Saul Goodman? Marshall Eriksen?
In Queensland estate planning, an attorney is something quite different.
An attorney is a person you appoint under an Enduring Power of Attorney to make certain decisions on your behalf if you are unable to make those decisions yourself. Depending on how your Enduring Power of Attorney is structured, they may have authority to make personal, health, and/or financial decisions for you.
Think of it as someone stepping into your shoes when you can’t make a particular decision yourself.
They might make personal and health decisions, such as where you live, who you live with, what support services you receive, or what healthcare you receive. They might also make financial decisions, such as paying bills, managing your bank accounts, selling property, making investments, or running a business.
That’s a BIG responsibility. So how do you choose the right person?
Trust is the starting point
You need to choose someone you genuinely trust to act in your best interests and respect your rights, wishes, values, and preferences.
Ask yourself:
Will this person put my needs and interests first?
Will they respect my wishes, values, and preferences?
Do I trust them to make difficult decisions if necessary?
Will they be available when I need them?
Will they take their legal responsibilities seriously?
Will they ask for help or professional advice when they need it?
Can I trust them to manage confidential information about my personal life and finances?
For personal and health decisions
If you appoint someone to make personal matters decisions, think about whether they would be comfortable making decisions about things like your living arrangements, care, support services, and healthcare.
Would they be able to communicate confidently with your doctors, healthcare providers, carers, and other people involved in your care?
Would they be able to make difficult decisions under pressure while keeping your wishes and preferences in mind?
For financial decisions
Financial attorneys may have significant responsibilities, including managing your money, property, investments, bills, and other financial affairs.
You need someone who is responsible with money, can make sound financial decisions, and is comfortable dealing with banks, lawyers, accountants, financial advisers, property agents, and other professionals when needed.
You also need to trust them completely with your financial affairs. An attorney has important legal duties and can face serious consequences if they misuse their position or fail to comply with those duties.
You can appoint more than one attorney
You don’t have to choose just one person. You can appoint multiple attorneys and decide how they will exercise their powers, such as jointly, separately, by majority, or in succession.
There are legal requirements around who can be appointed, so it’s worth getting advice about the best structure for your circumstances.
Have the conversation
Once you’ve chosen someone, talk to them about it.
Being appointed as someone’s attorney is a big deal. They should understand what you’re asking them to do, what matters to you, and the responsibilities that come with the role.
Your Enduring Power of Attorney can also record your views, wishes, and preferences for the future. Your attorney must consider those when making decisions for you.
Choosing an attorney isn’t about picking the person who lives closest, is the oldest, or is the obvious choice in your family. It’s about choosing someone you trust to make decisions that affect your life and your assets.
Our FREE The Complete Estate Plan Guidebook includes further information and considerations to help you think through who might be the right person for your Enduring Power of Attorney.
And if you’re ready to have the conversation about your attorneys and your estate plan, head to Request a Booking to get started.