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Attorneyship Administration

If you lose the ability to manage your financial or legal affairs, State Trustees can be appointed to help.

What is Attorneyship Administration?

There are moments when accidents, health issues or life challenges can affect our decision-making ability. A Power of Attorney lets a trusted person or an organisation like State Trustees make important decisions on your behalf during those times. Choosing State Trustees as your nominated professional attorney gives you complete confidence that your financial and legal affairs will be in good order.

The role of an attorney

You choose when the Attorneyship Administration begins. This could be right after completing your Power of Attorney documents, at a future date, or when a doctor provides evidence you are not able to manage your situation. As your professional attorney, these are areas we can help you to take care of:

  • Handling bills and debts
  • Property management
  • Services Australia assistance
  • Pension assistance
  • Aged care assistance
  • Preparing tax returns
  • Legal support and advice

Choosing State Trustees as your attorney

When choosing State Trustees as your attorney, you’re choosing a trusted partner with an 80-year history, a team of comprehensive experts and who are government backed. The benefits to you are:

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Flexibility and control

Putting a plan together now, means you decide how your affairs are managed.

Peace of mind

Attorneyship arrangements remove stress and uncertainty from family and loved ones.

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Details sorted

State Trustees can handle complex property management, tax returns, financial planning, bill payment and more.

Stability and reliability

Thousands of Victorians have relied on State Trustees for more than 80 years.

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Access services and support

Our relationships with Services Australia, banks and insurers, mean smooth access to services and support.

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Impartial guidance

We’re here when you need it most, without bias, to provide guidance that’s in your best interest.

Power of Attorney preparation

Prepare your Power of Attorney documents with an expert

Fee summary

There is no fee to appoint State Trustees as your attorney. This is the case whoever prepares your documents, whether on your own, with a lawyer, or with State Trustees. Any commission fees for ongoing Attorneyship Administration by State Trustees are based on the value of the assets we administer for you and the type of income collected on your behalf. Fees for preparing your Powers of Attorney documentation through State Trustees can be found below.

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FAQ’s

What are Powers of Attorney?

A Power of Attorney lets someone else make important decisions on your behalf when you need it most. This can be an organisation like State Trustees, a trusted relative or a friend.

What types of Powers of Attorney do you prepare?

State Trustees assists thousands of Victorians to prepare Power of Attorney documents. These can include: 

Enduring Power of Attorney (Financial): Appoint a person or professional to manage your financial affairs, including any related legal matters. You can appoint State Trustees as your Enduring Power of Attorney (Financial)

Enduring Power of Attorney (Personal): Appoint a person or professional to make non-medical decisions relating to your personal situation and lifestyle. You cannot appoint State Trustees as your Enduring Power of Attorney (Personal). 

  

What is capacity? 

Capacity or decision making capacity means being able to understand and make decisions. To have capacity, a person must understand what a decision involves and its consequences. This includes understanding information related to the decision, remembering it, and being able to communicate the decision clearly. 

What decisions can my Enduring Power of Attorney make?

The decisions your attorney can make will depend on the type of attorney you have chosen, as well as whether you include any extra restrictions in the document.

An Enduring Power of Attorney (financial) means your attorney can make decisions about your financial or property affairs. This includes any legal matters that relate to them.

An Enduring Power of Attorney (personal) means your attorney can make decisions about your care and personal welfare. This doesn’t include medical decisions.

When can my appointed Attorney start making decisions?

You can choose when your attorney’s powers start. For example, in Victoria, under an enduring power of attorney, you can choose whether your attorney can use the powers you give them straight away, when you are not able to make decisions for yourself, or from a particular time, circumstance or occasion. An attorney must act in line with your directions.

Can I revoke a Power of Attorney?

You can revoke (cancel) your power of attorney at any time. You just need to tell your attorney and collect and destroy the original documents. However, you must have decision-making capacity to do this.

How often should my Power of Attorney be reviewed?

It is recommended that your documents be reviewed at least every two to three years, like you would with a will or if something changes with the person you have appointed. Changed circumstances that might cause you to review can include your relationship with the person, their health, how much you see them or other suitability factors.

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State Trustees Limited operates on the lands of Traditional Custodians. We acknowledge their history, culture and Elders past, present and emerging. State Trustees is committed to cultivating inclusive environments for staff and clients. We celebrate and value people of all backgrounds, genders, sexualities, cultures and abilities.

Original artwork ‘Four Sisters Coming Together’ by Melissa Bell 2023