A person who is planning ahead for decisions they may need to make in the future will be able to choose someone they know and trust to be their attorney. This is written down in an enduring power of attorney.
An attorney’s role is to make certain decisions on behalf of the person, if they lose the ability to make those decisions in the future. These decisions will be about the person’s welfare or their property and money matters.
A person can choose more than one person to be their attorney. They will have to write down whether they want their attorneys to make decisions separately, or together, or both.
You do not have to be a lawyer to act as an attorney, but you do need to able to perform the functions written down by the person in their enduring power of attorney.
This is similar to being appointed as an attorney under the Powers of Attorney Act 1996. It is different because under the new law, an enduring power of attorney may include healthcare decisions. It is also different because under the new law, we will supervise attorneys and make sure they are doing their job correctly.