7 key things to think about when taking on an Enduring Power of Attorney role
Being someone's attorney as part of an Enduring Power of Attorney (now known as an Advance Personal Plan in the Northern Territory) is a privilege. It is also a formal, legal role with responsibilities and it may not always be easy.
Here are 7 things to think about when taking on this important role.
Being an attorney doesn’t give you the right to control the represented person.
Attorneys need to remember that their role is not to make decisions for the represented person, but with them, in a supported decision-making role.
An attorney is expected to do what the represented person would want based on their values and preferences, rather than what they personally value or believe is best.
Attorneys must follow the instructions and wishes as set out in the Enduring Power of Attorney document.
Attorney’s must keep their money separate from the represented person’s and keep records of all transactions.
Attorneys must undertake the role with honesty, care and diligence, and they must avoid any conflict of interest.
An attorney needs to understand, and meet, the legal obligations of the role to be sure they don’t misuse the position.
Disclaimer: Seek independent legal advice when considering an Enduring Power of Attorney role. The information provided on this website is not a substitute for individual legal advice.
Subscribe to our newsletter
If you would like to receive more information about Enduring Powers of Attorney and other related topics please subscribe to our monthly newsletter.More information