POA & Guardianship
Attorney
Also known as: Donee
The person you appoint under a Power of Attorney to make financial or legal decisions on your behalf.
What it means
In the context of a Power of Attorney, an attorney is not a lawyer — it is simply the trusted person (or institution) you authorise to act for you. The attorney must always act honestly, in your best interests, keep your money separate from their own, and keep records. An attorney's authority comes from the document itself, and it differs from an executor (who acts after death) and an Enduring Guardian (who makes lifestyle and health decisions).
How it's used
You can appoint attorneys to act jointly (all must agree), jointly and severally (any can act alone), or in succession, and most people choose a spouse, adult child or close friend. Example: Aisha appointed her two daughters as attorneys "jointly and severally" so either could pay her bills without waiting for the other. An attorney who misuses their power can be removed and ordered to repay losses by the relevant state tribunal.
Related terms
Learn more
Read the guide: Powers of Attorney →This page is general information about Australian estate-planning terms, not legal advice. See our Legal Disclaimer.
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