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Who can be Appointed as an Attorney?

Who can be Appointed as an Attorney?

There are few legal restrictions on who may be appointed an attorney, and grantors should mainly be concerned with assuring themselves that any person they intend to appoint is trustworthy and generally suitable for the role prescribed by the power of attorney, in particular in view of the wide-ranging power conferred by a general power of attorney. 

The appointor will be legally responsible for the actions of the attorney, so the choice of attorney and the scope of power granted to them must be very carefully considered. 

It is possible to appoint more than one attorney by means of a single power of attorney document. The document can provide that any one of them can act alone and/or that they must act together.

Incidentally, note that power of attorney provisions are often included in partnership agreements, giving each partner the ability to act on behalf of the others in relation to any partnership matters. This can be useful where any partners are unable to act or there is a partnership dispute and one partner refuses to sign documents for some reason (e.g. they have left the firm or will not cooperate with the remaining partners).

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