The Role of an Attorney Under an Enduring Power of Attorney in Queensland

An Enduring Power of Attorney (EPOA) is one of the most important documents in an estate plan. While a Will deals with what happens after death, an Enduring Power of Attorney protects you while you are still alive but unable to make decisions for yourself. 

When someone is appointed as an attorney under an EPOA, they take on a significant legal and personal responsibility. Understanding how attorneys should act and what the role involves is essential for both the person making the appointment and the person accepting it. 

This article explains the duties of attorneys in Queensland, the legal framework that governs them, and the key principles that guide responsible decision-making. 

What Does an Attorney Do? 

An attorney appointed under an Enduring Power of Attorney makes decisions on behalf of another person, known as the principal, when the principal loses the capacity to make those decisions themselves. 

Depending on the terms of the document, attorneys may make decisions about: 

• Health and personal matters, such as medical treatment, accommodation, and care arrangements 

• Financial matters, including managing bank accounts, paying bills, handling investments, or selling property 

In this role, the attorney effectively acts as the principal’s agent, making decisions that the principal would otherwise make for themselves. 

The Legal Obligations of Attorneys in Queensland 

Attorneys in Queensland operate under the Powers of Attorney Act 1998 (Qld). This legislation outlines how attorneys must behave and what obligations they must meet when acting for the principal. 

One of the most important obligations is the requirement to act honestly, diligently, and in the best interests of the principal. This principle underpins every decision an attorney makes. 

Attorneys must also keep proper records and accounts of financial decisions they make on behalf of the principal. This accountability ensures transparency and protects both the principal and the attorney. 

In practice, these obligations mean that attorneys must always place the principal’s wellbeing, financial security, and personal preferences ahead of their own interests. 

Acting in the Best Interests of the Principal 

The most important rule for any attorney is simple: act in the best interests of the principal. 

This means making decisions that protect the principal’s welfare, financial position, and dignity. Attorneys should approach their role with care and thoughtfulness, recognising that the principal may be vulnerable or unable to advocate for themselves. 

Acting in the principal’s best interests also means making decisions reasonably and responsibly. If an attorney is genuinely trying to do the right thing and acting with diligence, they are generally fulfilling their legal role. 

Choosing the Right Attorney 

For someone preparing an Enduring Power of Attorney, selecting the right attorney is critical. The appointment should always begin with one key consideration: trust. 

If you do not trust someone to act responsibly and honestly, they should not be appointed as your attorney. 

For couples, the choice is often straightforward, with a spouse acting as the primary attorney. The more complex decision usually arises when selecting backup attorneys or appointing attorneys for individuals who do not have a spouse. 

Many people choose adult children to act as attorneys, provided they are over 18 and capable of managing the responsibilities involved. 

Appointing Multiple Attorneys 

Another important consideration is whether to appoint more than one attorney. 

Appointing two or three attorneys to act jointly can provide an additional layer of protection. When decisions must be made together, it reduces the risk of one person acting independently in a way that may not reflect the principal’s best interests. 

Joint appointments can also provide emotional and practical support for attorneys. Having another person involved allows important decisions to be discussed and shared rather than carried by one individual alone. 

However, appointing too many attorneys can create administrative challenges, so we recommend limiting the number to two or three. 

Splitting Financial and Health Decisions 

In some situations, it may make sense to appoint different attorneys for different types of decisions. 

For example, one person may be well suited to managing finances but less comfortable making medical decisions. Another may be deeply trusted in personal and healthcare matters but less confident with financial management. 

Queensland law allows the principal to separate these responsibilities, appointing one attorney for health decisions and another for financial matters. This flexibility allows people to tailor their appointments based on the strengths and capabilities of the individuals involved. 

Balancing Best Interests with the Principal’s Wishes 

While acting in the principal’s best interests is the core duty, attorneys should also consider the principal’s wishes and values. 

If the principal is still able to communicate preferences or express views about their care or finances, those views should be taken into account wherever possible. 

Decision-making in this context can be complex. Attorneys must weigh the principal’s expressed wishes against medical advice, financial realities, and practical considerations. 

This balance often becomes particularly difficult when healthcare decisions are involved, especially if the principal wants something that doctors advise against. In these situations, attorneys may need professional guidance to navigate the legal and ethical responsibilities involved. 

When Attorneys Seek Legal Advice 

Many attorneys seek legal advice after they have been appointed because they want to understand their responsibilities more clearly. 

Common questions include: 

• What decisions am I allowed to make? 

• How should I manage the principal’s finances? 

• What happens if family members disagree with my decisions? 

• How do I handle medical decisions where the principal’s wishes conflict with medical advice? 

Seeking professional advice is often a sign that the attorney is approaching their role carefully and responsibly. 

Challenges Attorneys May Face 

For some attorneys, the role may involve only occasional decisions. For others, the responsibilities can become complex and demanding. 

Difficult situations may arise when: 

• Family members disagree with the attorney’s decisions 

• The principal’s wishes conflict with medical or professional advice 

• Financial management becomes complicated 

• The principal’s needs increase significantly over time 

These challenges can place emotional pressure on attorneys, particularly when they are also caring for a parent or loved one. 

A Role Built on Trust and Responsibility 

An Enduring Power of Attorney is ultimately about trust. The principal must trust the person they appoint, and the attorney must honour that trust by acting responsibly and with integrity. 

For principals, the most important step is choosing someone who will genuinely act in their best interests. For attorneys, the key responsibility is to remain mindful of their legal obligations and to approach every decision with care, diligence, and respect for the principal’s wellbeing. 

When approached thoughtfully, the attorney role can provide invaluable support and protection during times when individuals need it most.