Joint Attorneys and Dual Signature Requirements for Power of Attorney in Australia

Appointing more than one attorney under an enduring power of attorney sounds like a safeguard — two people checking each other's work. In practice, joint attorney appointments are the single most common source of bank rejections and operational paralysis in Australian EPOA management.

Joint vs Several vs Joint and Several

When a principal appoints two or more attorneys, the EPOA must specify how those attorneys exercise their powers:

Jointly — both attorneys must agree on and sign every decision. Neither can act alone. If one attorney is unavailable, overseas, or incapacitated, the other cannot do anything until the absent attorney is located or a tribunal intervenes.

Severally (also called "individually") — each attorney can act independently. Either one can go to the bank, sign a contract, or sell property without the other's involvement or knowledge.

Jointly and severally — the attorneys can act together or independently, depending on the circumstances. This gives them the flexibility to handle routine matters individually while making major decisions together.

The default varies by state. In some jurisdictions, if the EPOA doesn't specify the arrangement, the law presumes the attorneys must act jointly — which is the most restrictive option.

Why Joint Appointments Cause Bank Problems

Banks are legally obligated to follow the terms of the EPOA. When the document says "jointly," both attorneys must present themselves together to authorise transactions. In practice, this means:

• Both attorneys must attend the bank branch in person for initial registration
• Both must sign every withdrawal, transfer, or account change
• Online banking access may be denied entirely because most platforms don't support dual-signature authentication for EPOA accounts
• If one attorney is interstate or overseas, even routine bill payments can stall

The Australian Banking Association's Industry Guidelines acknowledge these difficulties but don't override the EPOA terms. If the document says "jointly," the bank cannot accept a single attorney's signature — doing so would expose the bank to liability if the other attorney later disputes the transaction.

This creates a particular problem for families where one adult child lives near the parent and handles day-to-day care while another lives interstate. A joint appointment forces the interstate child to be physically present or to sign paperwork remotely for every financial decision, no matter how routine.

How Each State Handles Multiple Attorneys

The rules for appointing and managing multiple attorneys differ across jurisdictions. State forms and legislation control whether attorneys act jointly, severally, or under a combination, and whether substitute attorneys are available. The precise default and replacement rules are jurisdiction-specific, so use the applicable official form and confirm how the bank will implement the appointment.

Substitute Attorneys: The Safety Valve

Some state forms include the option to appoint one or more substitute (or alternative) attorneys. Whether and when a substitute steps in depends on the jurisdiction and the terms of the document; check those terms before relying on the appointment.

Appointing substitute attorneys is the single most important protective step when setting up an EPOA, and it's the one most families skip. Without a substitute:

• If a joint attorney dies, the surviving attorney may be unable to act at all, depending on the state's rules about whether the power survives to the remaining attorney
• If the only attorney becomes incapacitated, the EPOA may no longer provide a workable route and the family may need to apply to the state tribunal for a financial administration order
• If the attorney and principal have a falling-out, there's nobody to take over without a tribunal application

Practical Guidance for Multiple Attorney Appointments

For most families managing an aging parent's affairs, the recommended approach is:

1. Appoint attorneys jointly and severally — this gives the flexibility of independent action for routine matters while allowing joint decision-making for significant transactions.
2. Specify which decisions require joint action if the EPOA form allows it — property sales and large transfers might require both signatures, while everyday bill payments can be handled by either attorney alone.
3. Always appoint at least one substitute attorney — someone who can step in if a primary attorney can't act.
4. Consider practical geography — if your parent's attorneys live in different states, a joint-only appointment will create ongoing operational problems.

The Enduring Power of Attorney and Guardianship toolkit includes the state-specific execution checklists for multiple attorney appointments, including the exact clauses that prevent the bank access problems joint-only appointments create.

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