Who is eligible to be an attorney
Attorneys for personal matters and financial matters
A person is eligible to be an attorney if the person is:
- 18 years of age or older
- not insolvent under administration and
- not a care worker, a health provider or an accommodation provider for the principal.
Note: Someone who is an undischarged bankrupt is an example of a person who is ‘insolvent under administration’.
Additional requirement for attorneys for financial matters
A person is eligible to be an attorney for financial matters if, in addition to the above requirements, the person also has not been convicted or found guilty of an offence involving dishonesty.
Or if the person has been convicted or found guilty of an offence involving dishonesty, the person is eligible if they:
- have disclosed the conviction or finding of guilt to the principal and
- the disclosure of the conviction or finding of guilt has been recorded in the enduring power of attorney.
A trustee company is eligible to be appointed as an attorney for financial matters. However, the trustee company is not eligible if a proceeding for winding up the company has commenced.
Attorney may be occupant of a position
An attorney under an enduring power of attorney may be appointed as being the occupant of a position, however described, at the time the power of attorney is made or from time to time.