We have no control over the unpleasant things that happen in life, but we can be one step ahead by preparing for them.

Creating an Enduring Power of Attorney (EPA) means that if you’re ever unable to make decisions for yourself - due to accident, illness or loss of mental capacity - someone who you appoint as your attorney will be able to help make those decisions for you.

But let’s flip the coin now and consider what it means if someone close to you asks you to be their attorney, to look after their best interests when they are unable to. 

When does the role start? 

Being appointed by someone as an attorney is an important role and you need to know what is involved before you agree to it. The role starts when the person who appointed you loses mental capacity - that might happen through illness or accident. Once a certificate of mental incapacity has been issued by a medical practitioner, you’ll be tasked with making decisions about their welfare and property (if you’re managing property, the role might start earlier if that is what they’ve requested).

What are the duties?

Your main duty is to act in the person’s best interests and make decisions that protect their property, or personal care and welfare. 

In addition, you should:

• encourage the person to be involved in the decision-making process as best they can
• keep full records of each decision and financial transaction you make
• understand what the person wants to happen, particularly if there are conflicting views by interested people
• communicate decision made with the person

What else should you know?

• know and understand your duties and any restrictions
• get a copy of the documents
• be mindful of family members and differing family dynamics
• before accepting, make sure you have the time and ability to carry out the role

Acting on behalf of the person is not a free pass to do as you like with their property. The family court can review your actions and cancel your appointment as attorney if they think it’s necessary and the person can also suspend or terminate you by giving you written notice.

Final thought

The role of an attorney is an honour but with it comes great responsibility. You’ve been entrusted to make important decisions at times when the person is at their most vulnerable.