Powers of Attorney

Under the Powers of Attorney Act 2014 (Vic), an enduring power of attorney can cover financial matters, personal matters or both, and continues to operate after the principal loses capacity. We advise on the appropriate scope of authority, conditions and limitations, the choice of attorney (sole, joint, joint and several, or successive), and when the power should commence. The document must be witnessed by two adults, one of whom is authorised to witness an affidavit; we manage execution so the appointment is legally effective.

Under the Medical Treatment Planning and Decisions Act 2016 (Vic), a separate appointment of a medical treatment decision maker governs decisions about medical treatment when the patient cannot consent. We prepare this appointment alongside the enduring power of attorney and explain the role of advance care directives — including instructional directives that legally bind treating clinicians.

A supportive attorney appointment allows a trusted person to assist an adult with decision making — accessing information, communicating decisions and giving effect to them — without transferring decision making authority. This is often the right tool for clients with early-stage capacity issues who still want to make their own decisions.

We advise on revoking and replacing existing appointments and on applications to VCAT where there is concern about the conduct of an attorney — including suspected misuse of financial authority, disputes between joint attorneys, or the need to appoint an administrator or guardian where no enduring power exists.