Appointed as Someone’s Attorney? Here’s What to Do Next

Being appointed as someone’s attorney under an Enduring Power of Attorney (EPOA) is a profound gesture of trust. Whether for personal/health, financial matters or both, it means that person believes in your ability to act in their best interests, especially at a time when they may not be able to speak for themselves.

It’s natural to feel unsure about what comes next. But the good news is, you don’t have to figure it out alone. Here are some key steps to help you step confidently into this important role.

1. Understand the Scope of Your Authority

First things first: understand exactly what powers have been granted to you.

In Queensland, an EPOA can cover:

Personal matters: where someone lives, who they live with, daily lifestyle decisions
Health matters: consenting to or refusing medical treatment
Financial matters: managing bank accounts, paying bills, dealing with property and investments

The document may specify when these powers begin, for example, financial authority might start immediately, while personal/health decision making only takes effect if the person loses capacity.

In New South Wales, it’s worth noting that an EPOA covers financial matters only. Personal / health matters are managed separately through an Appointment of Enduring Guardian. While this is a different document with a different name, the core considerations remain the same.

Tip: Read the EPOA document carefully. If you’re unsure, seek legal guidance to clarify your role.

2. Have an Open Conversation (if possible)

If the person who appointed you still has capacity it’s a good idea to sit down and have an open discussion with them.

Ask about:

Their preferences and priorities
Any values they want you to keep in mind
Their current financial arrangements
Health decisions they may want respected in future

This conversation can give you the confidence to make choices that truly reflect their wishes, should that time come.

3. Inform Yourself About Legal Duties

Acting as someone’s attorney isn’t just about being helpful, it comes with legal responsibilities.

You must:

Act in the person’s best interests
Keep their finances separate from your own
Avoid conflicts of interest
Keep accurate records of decisions and transactions
Act honestly and diligently

These obligations are part of Queensland’s Powers of Attorney Act 1998 or New South Wales’s Powers of Attorney Act 2003 and are there to protect both you and the person you’re supporting.

4. Register (if necessary)

Some responsibilities, like managing real estate, require that the EPOA be registered with Titles. Check whether this applies to you and make sure all the relevant paperwork is in order before acting.

5. Keep Clear Records

Whether you’re managing bills, attending medical appointments, or arranging care services, it’s important to document your decisions.

Maintain:

Copies of receipts, invoices, and payments
Notes on conversations with healthcare providers
Dates and reasons for major decisions

These records aren’t just good practice; they’re your legal safety net.

6. Don’t Be Afraid to Ask for Help

Being an attorney can sometimes feel overwhelming. You might face complex financial decisions, family disagreements, or medical choices that feel weighty.

You are not expected to be an expert in everything. Professionals like doctors, financial advisors, and lawyers are there to support you.

7. Look After Yourself, Too

This role can come with emotional responsibility, especially if you’re close to the person involved. Make sure you’re checking in with yourself and setting healthy boundaries. It’s okay to say, “I need support” or “I’m not sure how to handle this.”

In Closing

You’ve been asked to step into a role of care, protection, and trust. While the responsibilities are real, so is the support available to you.

At Life Law Solutions, we help attorneys just like you understand their legal duties and navigate the complexities of decision-making with clarity and compassion. If you’d like advice tailored to your specific situation, or simply want reassurance you’re on the right track, we’re here to help. Book a free 20-minute consultation here.
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