Power of
Attorney
Enduring, general, and medical treatment powers of attorney — protecting your finances and healthcare decisions if you lose capacity.
Power of Attorney
An Enduring Power of Attorney authorises someone you trust to make financial and legal decisions on your behalf if you lose capacity. Under the Powers of Attorney Act 2014 (Vic), an enduring power continues to have effect even after you lose mental capacity — unlike a general power of attorney, which ceases at that point. Without one in place, your family may need to apply to VCAT for an administration order, a process that can take months and involves ongoing court oversight.
We prepare three types of appointment: an Enduring Power of Attorney (financial and legal decisions), a general Power of Attorney (financial decisions while you still have capacity — commonly used when travelling or for convenience), and a Medical Treatment Decision Maker appointment under the Medical Treatment Planning and Decisions Act 2016 (Vic). The MTDM authorises a person to make healthcare decisions on your behalf if you cannot make them yourself — without this appointment, decision-making authority defaults to whoever is first in a statutory priority order, which may not be who you would choose.
We recommend everyone over 18 have an Enduring Power of Attorney and a Medical Treatment Decision Maker appointment in place alongside their Will. The documents must be prepared while you have capacity — once you have lost it, it is too late. Choosing the right person, setting any conditions or limitations, and understanding what the appointment authorises are decisions we work through with you carefully.
Based at 4 Watton Street, Werribee, we assist clients across Hoppers Crossing, Point Cook, Tarneit, Wyndham Vale, Truganina, Manor Lakes, and the wider Wyndham region.
A Power of Attorney operates during your lifetime. Your Will takes effect on death. Both are essential documents — a complete estate plan includes both. We draft Wills that are valid under Victorian law and structured to work alongside your enduring powers.
Wills — full details →A complete estate plan covers your Will, enduring powers of attorney, medical treatment decision maker appointment, and how your assets are structured. We advise on the full picture so nothing is left to chance.
Estate planning — full details →Power of Attorney is one part of a broader Wills and Estates practice — covering probate, estate administration, contesting a Will, testamentary trusts, and letters of administration. See the full range of services we offer.
Wills and estates — all services →Protect yourself
before you need it.
The need for an Enduring Power of Attorney can arise suddenly — illness, accident, or cognitive decline. Once you have lost capacity, you cannot sign the document. Planning ahead is the only option.
We work through the appointments with you carefully — who to appoint, whether to appoint joint or successive attorneys, what conditions or limitations to include, and when the power takes effect. These decisions matter and deserve proper consideration.
As Werribee's oldest law firm, we have guided families through these arrangements for generations. We explain the documents in plain terms so you fully understand what you are signing and what you are authorising.
Power of attorney FAQs
A general power of attorney authorises someone to act on your behalf for financial and legal matters, but it automatically ceases if you lose mental capacity. An Enduring Power of Attorney (EPOA) under the Powers of Attorney Act 2014 (Vic) continues in force even after you lose capacity — which is precisely when you need it most. A general power of attorney is useful for convenience (e.g. while travelling); an EPOA is essential planning for incapacity.
A Medical Treatment Decision Maker (MTDM) appointment under the Medical Treatment Planning and Decisions Act 2016 (Vic) authorises a nominated person to make healthcare decisions on your behalf if you cannot make them yourself. Without this appointment, decision-making authority defaults to the first eligible person in a statutory priority order — which may not be who you would choose. The appointment must be made while you have capacity.
You can specify when the EPOA takes effect — either immediately upon signing, or only when you lose capacity (sometimes called a "springing" power). The document must clearly state this. If it is silent, the default under the Powers of Attorney Act 2014 (Vic) is that it takes effect immediately. Most people prefer the power to take effect only on loss of capacity, which we can document clearly.
Without an EPOA, no one has automatic authority to manage your financial affairs if you lose capacity. Your family would need to apply to the Victorian Civil and Administrative Tribunal (VCAT) for an administration order appointing an administrator. This process can take months, involves legal costs, and results in ongoing reporting obligations. In the meantime, assets can be frozen and bills unpaid. An EPOA prepared in advance avoids all of this.
Yes, provided you still have mental capacity. You can revoke an EPOA at any time while you have capacity by signing a written revocation and notifying the attorney and any relevant institutions. You should also update the document if your circumstances change — for example, if the attorney dies or you no longer wish to appoint them. Once you have lost capacity, the document can no longer be revoked by you.
Your attorney must be over 18 and not bankrupt (for financial EPOAs). Beyond the legal requirements, you should choose someone you trust completely, who understands your wishes, and who has the practical ability to manage financial or medical matters. You can appoint joint attorneys (who must act together) or successive attorneys (a backup if the first cannot act). We advise on the right structure for your circumstances.
Yes. We are based at 4 Watton Street, Werribee and regularly act for clients across the Wyndham region — including Hoppers Crossing, Point Cook, Tarneit, Wyndham Vale, Truganina, Manor Lakes, and Werribee South. We also assist clients in Lara, Little River, and Geelong. Call (03) 9741 3777 to arrange an appointment.
Don't wait until you need it.
An Enduring Power of Attorney must be prepared while you still have capacity.