You could also consider whether you want to appoint more than one attorney. This will make sure that you’re not left without anyone to manage your affairs:
- You can appoint any number of attorneys.
- You can’t give your attorney(s) the right to appoint a substitute, replacement or a successor. However, you can choose replacement attorneys.
If you appoint joint attorneys, they’ll have to act together, and both be involved in any decision-making on your behalf.
If you want them to be able to act together or separately, you should include in the power of attorney that you are appointing them “to act jointly and severally or severally”. Including this statement allows each attorney to act as an individual or jointly with each other.
Be aware, where attorneys can only make decisions jointly and one attorney dies (or becomes unable or unwilling to act), unless replacements are specified to replace all the original attorneys, the enduring power of attorney can no longer be used.
In these circumstances, the surviving attorney(s) should notify the Court so that any necessary alternative arrangements may be made. Where appointed “to act jointly and severally or severally”, the surviving attorney(s) can continue to use their powers.