FAQ
An enduring power of attorney is a legal document made under the Powers of Attorney Act 2014 (Vic) that authorises a trusted person (your attorney) to make decisions on your behalf. Unlike an ordinary power of attorney, an enduring power of attorney continues to operate even if you lose decision-making capacity — this is its critical purpose. You can grant authority for financial and legal decisions, personal decisions such as where you live and your lifestyle choices, or both. It is one of the most important legal documents a Victorian adult can have in place.
If you lose capacity due to illness, accident, or cognitive decline, someone must be legally authorised to manage your affairs. Without an enduring power of attorney, your family may need to apply to the Victorian Civil and Administrative Tribunal (VCAT) for an administration or guardianship order — a process that can take months and involve significant legal costs. An enduring power of attorney allows you to choose who makes decisions for you, on what basis, and under what conditions, while you still have capacity to make that choice.
The scope of your attorney’s authority depends on what you grant. A financial attorney under the Powers of Attorney Act 2014 (Vic) can manage bank accounts, pay bills, deal with real property, manage investments, and interact with the Australian Taxation Office and Services Australia. A personal attorney manages lifestyle and personal matters. Medical treatment decisions are separate and governed by the Medical Treatment Planning and Decisions Act 2016 (Vic) — you should also appoint a medical treatment decision maker.
You can specify in the document when the power of attorney takes effect. Options under the Powers of Attorney Act 2014 (Vic) include: immediately upon signing (so your attorney can assist you now); only when you lose decision-making capacity (triggered by a medical certificate); or on a specified date or occasion. Many people choose for financial powers to take effect immediately for convenience, while limiting personal powers to situations of incapacity.
Your attorney will have significant authority over your finances and personal affairs, so the choice requires careful thought. Consider their trustworthiness, financial literacy, availability, and whether their values align with yours. You can appoint more than one attorney under the Powers of Attorney Act 2014 (Vic) and specify whether they act jointly (all must agree), severally (independently), or jointly and severally. Always appoint a substitute attorney in case your first choice is unable or unwilling to act. Attorneys owe fiduciary duties and can be held accountable by VCAT for misuse of their authority.
Yes. You may revoke an enduring power of attorney at any time while you retain decision-making capacity by executing a formal revocation instrument as required by the Powers of Attorney Act 2014 (Vic). After revocation, notify your attorney and all institutions holding the original document, including banks, the Australian Taxation Office, and Land Use Victoria if property transactions are involved. A power of attorney is automatically revoked if your attorney dies, loses capacity, or (if your spouse) you separate or divorce.
Without a valid enduring power of attorney, no one has automatic legal authority to manage your finances or personal affairs — not even a spouse or adult child. Your family would need to apply to VCAT for an administration order (financial matters) or guardianship order (personal matters) under the Guardianship and Administration Act 1986 (Vic). The Office of the Public Advocate or the State Trustees of Victoria may be appointed if no suitable person applies. This is a costly and stressful process that a properly executed enduring power of attorney avoids entirely.