Enduring Power of Attorney
General Power of Attorney
Medical Treatment Decision Maker
We can help you with 4 types of Powers of Attorney used in Victoria:
- General Power of Attorney which appoints someone to make financial and legal decisions on your behalf for a specific period of time, for example, if you are overseas and need someone to manage your financial affairs while you are away.
- Enduring Power of Attorney (Financial), which is used to appoint someone to make legal and financial decisions for you in the event that you lose the capacity to make those decisions yourself. It can be uitilised by your attorney to make personal and lifestyle decisions on your behalf such as living arrangements if you have lost decision-making capacity.
- Medical Treatment Power, which is used to appoint someone to make medical treatment decisions on your behalf if you cannot make them yourself.
- Supportive Power of Attorney, which appoints someone to assist you with personal or financial decisions while you are still able to make your own decisions. The attorney does not have power to make decisions for you.
Who can make a Power of Attorney?
Anyone over the age of 18 who has the capacity to understand the nature and consequences of the document, who makes the decisions in the document of their own free will and who can communicate clearly what those decisions are.
When should I make a Power of Attorney?
Before you need them! These documents safeguard your interests in the event of something unforeseen – an accident or illness that robs you of your capacity to make decisions for yourself. It is better to be prepared and confident in knowing that the person you choose will be making important decisions about your money, your living arrangements and your health.
When does it start?
For a Power of Attorney (Financial) it begins when you nominate that it should. Power of Attorney (Medical Treatment) commences when you are unable to make your own decisions.
Who should I appoint to be my Attorney?
You need to appoint someone your trust to make the right decisions. With a General Power of Attorney and an Enduring Power of Attorney (Financial) you can appoint more than one person to make the decisions jointly.
What are the legal responsibilities of my Attorney?
They are legally responsible to you and must act in your best interests. While you have mental capacity they must obey your instructions. They cannot give gifts to themselves or to anyone else unless you specifically authorise this and they must keep their finances and money separate from yours, keeping accurate records of all of their dealings with your money.
Who should I talk to about it?
It’s really important that you discuss these documents with a lawyer who can give you professional advice about your particular circumstances. It’s also vital that you discuss your wishes with your family to avoid unnecessary conflict and stress.
Do I need a witness?
Yes, these documents need to be witnessed by a person with statutory authority such as a solicitor or Notary Public.
Can I change my mind?
Yes, as long as you still have the decision making capacity to do so you can revoke or change these documents. This has to be done in a legally binding way, however, so please seek legal advice.
- Enduring Power of Attorney $110
- General Non-Enduring Power of Attorney $110
- Medical Treatment Decision Maker $110
- Supportive Power of Attorney $110