Who will make decisions on your behalf
if you are unable to?
A power of attorney is a written legal document which allows another person to act
and make decisions on your behalf. The types of decisions that person
can make will depend on the type of power given by you.
Do I need a Power of Attorney?
It is recommended that everyone over the age of 18 considers making powers of attorney. They are an invaluable tool in managing and controlling your affairs, both financial and non-financial, on an ongoing basis.
Our lawyers can guide you through the process of determining which powers are right for you, and who you ought to appoint to these important roles.
What are the different types of Power of Attorney?
There are four types of Powers of Attorney in Victoria:
General Power of Attorney
Enduring Power of Attorney (Financial)
Enduring Power of Attorney (Medical Treatment)
Enduring Power of Guardianship.
A person giving a power of attorney is called a 'donor'. The person appointed by the power is called either an 'attorney', an 'agent' in the case of medical treatment or a 'guardian'.
Our guide "Explaining the four types of Powers of Attorney in Victoria" includes an explanation of the different types.
Can I revoke my Power of Attorney?
You can revoke a Power of Attorney at any time while you have the capacity to do so by signing a simple revocation form.
What if there is a dispute?
The Victorian Civil and Administrative Tribunal (VCAT) has the power to make decisions relating to powers of attorney, including suspending, varying or revoking them.
Our team of lawyers can help you to resolve the dispute as quickly and cost-effectively as possible.
Contact our Power of Attorney Lawyer.
Our Wills & Estates lawyers have significant experience drafting simple and complex Power of Attorney documentation for individuals and couples.
You may also want to consider:
If your life circumstances have changed, it can be a good time to obtain or update your Power of Attorney.
Examples of life changes include:
- A relationship breakdown or divorce (yours or your children)
- The marriage of a child/grandchild
- Being diagnosed with a medical condition or have suffered a major injury
- Recently changed a trust or will or have created or changed other estate planning documents
- A significant change in your personal wealth or assets (e.g. sale of a business, inheritance, etc.)