In New South Wales you can appoint one or multiple people as your Power of Attorney. This will be the person or people making financial and legal decisions on your behalf if you are not able to make these types of decisions for yourself. If you appoint multiple people to act on your behalf to make decisions jointly, issues can arise if the attorneys do not agree on a decision and can lead to difficult situation for all involved.
Power of Attorneys have a duty to act in the best interest of the person they are representing ‘The Principal’ which ultimately may mean that they need to consider the best interest of the person even if they do not agree with another joint attorney as to the decision or course of action. If a decision cannot be reached the attorneys may need to seek legal advice and guidance to help resolve the disagreement.
When looking at resolutions for any disagreements, mediation is a voluntary process where a neutral third party helps the disagreeing parties communicate with one another to work towards a resolution. This can be a good first step and helpful tool as it allows the joint attorneys to still have input and control over the outcome, work on maintaining a positive relationship with the other attorney and focusing on mutual aim of acting in the best interests of the principal.
If attempts at mediation are not successful, the joint power of attorneys may need to seek legal advice regarding further legal action through the Guardianship Tribunal. Any person can apply for a review of the circumstances if in the Tribunal’s opinion they have a proper interest in the proceedings or a genuine concern for the principal’s welfare.
The tribunal may make orders if they are satisfied it would be in the best interests of the principal which could include removing a person as an attorney, appointing a substitute attorney if an attorney has been removed or require the attorneys produce accounts/ information to the tribunal to be audited.
Whilst joint power of attorneys can lead to difficult and complicated situation there are a number of options available to navigate and resolve disputes. It is imperative that the attorneys act in the best interests of the person they are representing and seeking guidance if they have any concerns. By working together and communicating effectively, together the appointed power of attorneys can help ensure that the person they are representing receives the best possible care and support.
