Start online / Power of attorney instructions
Start your power of attorney online
Tell us who you would like to make decisions for you, and when, and we will take it from there.
Before you start
Time: about a minute for the first page, or about 5 minutes to answer everything online.
Have handy: the names of the people you would like to appoint, and when you would like the power to start.
Not sure of an answer? Leave it blank and we will ask.
We reply within one business day. Where the work allows, we quote a fixed fee. Otherwise we charge for the time spent and give you a written estimate.
Prefer to talk? Call 1800 776 529.
Common questions
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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 time and add stress and expense. 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), so you should also appoint a medical treatment decision maker.
You can specify in the document when the power of attorney takes effect. Under the Powers of Attorney Act 2014 (Vic) you can choose for it to start immediately (so your attorney can assist you now), only when you no longer have decision-making capacity, or at another time or on another occasion. If you do not choose, it starts immediately. A bank or other party may ask your attorney for evidence, such as a medical certificate, that you have lost capacity. 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 choose whether they act jointly (all must agree), severally (each can act alone), jointly and severally, or by majority. If you do not choose, they must act jointly. We usually recommend also appointing an alternative 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. An attorney’s appointment ends automatically if they die, lose decision-making capacity, become insolvent, become your paid care worker, health provider or accommodation provider, or (for financial matters) are convicted of an offence involving dishonesty. Separation or divorce does not automatically end a spouse’s appointment as your attorney in Victoria, so you should formally revoke it if you no longer want them to act.
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 2019 (Vic). VCAT may appoint the Public Advocate as guardian, or State Trustees as administrator, if no other suitable person is available. A properly made enduring power of attorney can usually avoid this process.