Choosing an Attorney for Power of Attorney in Queensland

Picking the Right Person Matters More Than Getting the Form Right

A perfectly executed Enduring Power of Attorney is worthless if the person holding it can't be trusted, won't cooperate with other family members, or doesn't meet Queensland's eligibility rules. Most families spend their time worrying about witnessing and signing, but the decision that actually determines whether the arrangement works is who you appoint — and how you structure multiple appointments.

Who Can Be an Attorney in Queensland

Under the Powers of Attorney Act 1998 (Qld), anyone can be appointed as an attorney if they meet all of the following:

• At least 18 years old
• Has decision-making capacity themselves
• Is not bankrupt or taking advantage of bankruptcy laws (for financial matters appointments only — an undischarged bankrupt cannot be appointed for financial matters but can still be appointed for personal or health decisions)

Who cannot be appointed:

• A person who is, or has been within the previous three years, a paid carer of the principal
• The principal's current health provider
• A residential service provider to the principal

These disqualifications exist to prevent conflicts of interest. A person who profits from the principal's care arrangements shouldn't also control the principal's finances or personal decisions.

There's no requirement that the attorney be a family member. You can appoint a trusted friend, a professional (like an accountant), or, for financial matters, an eligible trustee company. The key consideration isn't the relationship — it's whether the person is willing to take on the fiduciary obligations, competent to handle the complexity, and geographically accessible when needed.

Joint, Several, or Joint and Several — What the Options Mean

Queensland allows principals to appoint up to four attorneys. But the real decision is how those attorneys work together. The three appointment structures each come with distinct advantages and risks:

Joint attorneys must agree unanimously on every decision. If three siblings are appointed jointly, all three must sign every bank withdrawal, every medical consent, and every property document. This provides maximum oversight but creates severe practical problems — one attorney on holiday, one interstate, one disagreeing about a care decision, and nothing moves. If one joint attorney dies, loses capacity, or resigns, the appointment does not automatically fail: if one joint attorney remains, that person may act alone; if two or more remain, they must continue to act jointly under Queensland law.

Several attorneys can each act independently. Any one of the appointed attorneys can make any decision on their own, without consulting the others. This is maximally efficient but provides zero cross-checking. A dishonest attorney can drain accounts without any other attorney being notified.

Joint and several attorneys is the middle ground and the most common structure. The attorneys can act together or independently, with flexibility to specify which decisions require joint action (major property sales, investment changes) and which can be handled by any single attorney (routine bill payments, day-to-day banking).

How to Structure Multiple Attorneys Practically

The most effective approach for most families:

1. Appoint two or three attorneys jointly and severally — this gives flexibility while maintaining accountability
2. Specify in Section 3 of the EPOA that major transactions (property sales, investments above a stated threshold, changes to living arrangements) require joint agreement, while routine financial management can be handled by any single attorney
3. Appoint a successor attorney (also called an alternative attorney) who steps in if a primary attorney dies, loses capacity, or resigns — this prevents the entire arrangement from collapsing

Use Form 3 (Long Form) when appointing different people for different roles. If you want your financially sophisticated daughter to manage investments and your locally-based son to handle healthcare decisions, Form 3 lets you split the appointment. Form 2 (Short Form) only allows the same attorney or attorneys for all matters.

Common Mistakes When Choosing

Appointing someone out of obligation. Choosing the eldest child because it feels expected, rather than the child who is actually organized, available, and trustworthy, creates problems that surface at the worst possible time.

Not considering geographic proximity. An attorney who lives in Perth when the principal is in Brisbane will struggle with urgent banking, hospital visits, and property inspections. At minimum, ensure at least one attorney is local.

Ignoring family dynamics. Appointing siblings who don't get along as joint attorneys is a recipe for deadlock. If family conflict is likely, consider appointing a single trusted attorney with oversight from an independent third party.

Forgetting the acceptance requirement. Every appointed attorney must sign the acceptance section of the EPOA before they can exercise any powers. The attorney's signature doesn't need to happen on the same day as the principal's signing, but it must happen before they take any action. An attorney who hasn't signed acceptance has no authority, even if their name is on the document.

Plan for What Happens When an Attorney Can't Serve

Life changes. Attorneys move overseas, become ill, get divorced from the principal's child, or simply decide they can't handle the responsibility. Build resilience into the appointment:

• Name at least one successor attorney who activates if a primary attorney can no longer serve
• Include explicit instructions about what happens if a joint attorney drops out — does the remaining attorney continue alone, or does the entire appointment end?
• Review the appointment every few years — circumstances change, and an EPOA executed a decade ago may name people who are no longer appropriate

The Queensland Power of Attorney Kit includes a structured attorney selection worksheet that helps you evaluate candidates across trust, competence, proximity, and family dynamics before committing their name to the form.

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