How many people can be appointed as attorney?
An attorney must be over 18 years of age and have the capacity to carry out the role of attorney. Any person can be appointed, as long as they agree to take on the role. They should be someone that is trusted by the person making the power of attorney to manage their affairs, and look after their best interests. There is the choice to appoint more than one attorney, when making this choice consideration should be given to ensuring the document is workable. Their power can be exercised: • jointly (meaning the attorneys must always act together) or • jointly and severally (meaning the attorneys can act together or can act separately) An alternative attorney can also be appointed but they can only make decisions when the first attorney is unable to. For instance, an alternative attorney can act if the first attorney loses capacity, dies or they are absent for a period of time, such as when they are travelling overseas. The attorney/s must accept the appointment in writing.
