Choosing an attorney for an enduring power of attorney is a decision about trust, judgement and practical ability. The person may one day make important decisions on your behalf, within the authority you have given. Being the nearest relative does not automatically make someone the best choice.
The title can be confusing: an attorney under an EPA need not be a solicitor. A family member or friend may be suitable, provided they meet the legal eligibility requirements and are willing to undertake the role.
Match the person to the responsibilities
Think about the decisions involved. Managing property and finances requires organisation, record-keeping and an ability to deal with institutions. Welfare decisions require an understanding of your preferences and a willingness to listen, including where your views differ from the attorney's own.
Consider whether the person has time and whether distance, health or other responsibilities could make the role difficult. Do not appoint someone solely because saying no would feel awkward.
Have a real conversation
Explain the proposed scope before asking for agreement. Discuss the values that should guide decisions, the people you would like consulted and any matters that particularly concern you. The conversation should be more detailed than a general promise to “do the right thing”.
The attorney's job is not to substitute their preferred lifestyle for yours. They must act within the legal framework and the authority actually granted.
Consider continuity and cooperation
You may appoint more than one attorney, but the decision-making arrangement needs to be clear. Two capable people who cannot work together may create difficulty. Consider replacement arrangements and what happens if someone cannot continue.
Check eligibility using current DSS guidance. Restrictions apply to certain people and circumstances, including some financial, criminal and care-provider situations. Familiarity or professional status does not override those rules.
Keep the appointment under review while you retain the relevant capacity. Relationships and practical abilities change over time, and an arrangement should not remain unexamined simply because it has been registered.
An attorney should be someone who can explain a careful decision, keep proper records and respect your wishes under pressure. Taking time to assess those qualities now is a valuable part of making an EPA that can work when it is needed.
Sources and further reading
General information, not advice on your individual circumstances. Laws and tax rules can change; check the linked official guidance and obtain professional advice where needed.