Self-prepared powers of attorney
(This for Victorian residents.)
On this page are explanations of the various powers of attorney options, and links to the online interviews.
The link will take you to the relevant online interview.
When the interview is completed, the document/s will be generated and sent to you with guidance on how to sign correctly.
Powers of attorney are an essential part of estate planning. If you don’t have a power of attorney and you become incapacited, either temporarily or permanently, someone will have to make an application to VCAT for an appointment of an administrator to make decisions on your behalf. You will have no choice in who that administrator is.
Enduring Power of Attorney (Financial) – for an individual
This is more commonly called a financial power of attorney, but it provides powers to your attorney/s for financial/legal matters, and personal/guardianship matters.
This standard document gives full powers to your chosen attorney or attorneys.
Personal/guardianship matters can now be included (and are included in our standard document). Before the changes to the legislation relatively recently, guardianship powers had to be created in a separate document.
They are called “enduring” because they still have validity after incapacity. You should accordingly be careful to appoint a person, or persons, you can trust, because after incapacity you can’t revoke the power.
You will be able to appoint up to four attorneys, but we recommend appointing one or two persons.
If you appoint more than one attorney, you can choose to have them act together by agreement, individually, or both.
You can also specify when your attorney/s can commence being your attorney – either immediately or only upon incapacity.
To complete the online interview, you will need the full name/s and address/es of your chosen attorney or attorneys, and the same details of any alternate attorneys you might appoint (optional).
You will need to think about when your attorney/s will be able to commence (immediately or only upon incapacity). And if more than one attorney, how they will act – either together by agreement, independently, or both.
Enduring Power of Attorney (Financial) – for couples/partners
See comments above. This interview generates two powers, “mirror image” powers, for couples/partners.
The couples/partners are each other’s primary attorney, and alternate attorneys can be appointed as an option. The alternate attorneys can be the same or different for each partner.
To complete the interview you will need the full names and addresses of alternate attorneys (if appointed).
Medical Power of Attorney – for an individual
This standard medical power of attorney gives full medical powers to your appointed attorney or attorneys (or “medical treatment decision makers” as they are called in the legislation).
You can appoint one or more medical attorneys who will have legal authority to make medical treatment decisions on your behalf, but only if you become unable to do so. The appointed medical attorney is usually a spouse/partner, other relative, or trusted friend.
If you appoint more than one medical attorney, only one can act at any one time. The attorney who will be able to act is the first attorney named in the power who is willing and able to take on that role. For instance, if the first named attorney is overseas and out of contact, the second named attorney will be the attorney who can act, and so on.
(This should be contrasted to the financial power of attorney, where any attorney named as an alternate can only act if the primary attorney is deceased or incapacitated.)
Note that this medical power of attorney is not an advance care directive. The advance care directive is a separate document which you should create in consultation with your medical practitioner. The advance care directive is an alternate means of recording your choices regarding your future medical treatment.