How do you become an attorney?

If a person wants you to be their attorney, they will make an enduring power of attorneyThe arrangement must be made in writing and include details of the decisions you will make on behalf of the person.

The arrangement will say whether you have the general authority to make decisions on the person’s behalf, or the authority to make specific decisions. This may relate to the person’s personal welfare, property and money matters, or both. It will also say whether there are any conditions on your appointment and whether or not you will be paid.

It must be signed by you, the person appointing you, and two witnesses. It will include a number of statements, including one by you to confirm you understand and will perform your duties in relation to the role.

After you are appointed, you do not have any legal authority to take any actions as an attorney until the person is unable to make one or more of the decisions in the enduring power of attorney.

The easiest way to confirm your appointment and fulfil your reporting requirements is to set up an account on our online portal myDSS.