Why You Need a Power of Attorney

Many Victorians assume that their spouse, partner or adult children can automatically step in and make decisions for them if they become ill or incapacitated. In reality, the law does not give anyone an automatic right to act on your behalf unless you have formally appointed them. A Power of Attorney is a simple, cost-effective way to ensure your wishes are respected and your affairs are managed if you can’t make decisions yourself.

Without a Power of Attorney, your loved ones may need to apply to the Victorian Civil and Administrative Tribunal (VCAT) for an administrator or guardian to be appointed. This can be stressful, time-consuming and expensive at an already difficult time.

A Power of Attorney is a legal document under the Powers of Attorney Act 2014 (Vic) that authorises someone you trust (called your attorney) to make decisions and sign documents on your behalf. Depending on the type you choose, this authority can cover financial matters, personal and lifestyle decisions, or both.

The person you appoint must act in your best interests and in accordance with the law. You can place limits or conditions on what your attorney can do and you can revoke the appointment at any time while you still have decision-making capacity.

Victoria recognises several types of Powers of Attorney:

• Enduring Power of Attorney – allows your attorney to make financial and/or personal decisions even after you lose decision-making capacity. This is the most common form for long-term planning.
• General (or Ordinary) Power of Attorney – usually for a specific purpose or period, such as when you are travelling overseas or recovering from surgery. It ceases if you lose capacity.
• Appointment of Medical Treatment Decision Maker – under the Medical Treatment Planning and Decisions Act 2016 (Vic) you can appoint someone to make medical decisions for you if you cannot.

Each type has different legal effects. A solicitor can advise which option suits your circumstances and draft the documents accordingly.

Many people wait until they are older or unwell to think about a Power of Attorney, but life is unpredictable. Illness, injury or sudden absence can occur at any age. Appointing a Power of Attorney while you are healthy gives you control over who will manage your affairs and reduces the risk of family disputes.

Early planning also allows you to discuss your preferences with your chosen attorney so they clearly understand your wishes. This can prevent confusion and stress if the document ever needs to be used.

While online templates exist, they can be incomplete or invalid if not executed properly. At Grange Lawyers we will:

• Explain the different types of Powers of Attorney and advise which best suits your needs.
• Draft clear, legally compliant documents tailored to your circumstances.
• Ensure the appointment is properly signed and witnessed so it is legally effective.
• Provide secure storage and guidance on how and when to use the document.

Our legal office in Maribyrnong/Maidstone regularly assists local residents with Powers of Attorney. We take the time to understand your situation, answer your questions in plain language and prepare documents that give you and your loved ones peace of mind.