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I have been nominated as an Attorney

What decisions can I make as an attorney?

When you are appointed as an attorney you will be making decisions for the person who made the power of attorney. This person is called the principal.

The decisions you make will depend on the type of power of attorney, and if there are extra restrictions in the document.

The information below is for Victoria, but it is similar for other states and territories. You should always check the correct information and terms to use for the state or territory you are in.

Enduring power of attorney (financial)

An enduring power of attorney (financial) means an attorney can make financial and property decisions for the principal.

This can include decisions about:

  • day-to-day personal finances
  • paying bills
  • managing property
  • completing tax returns.

Enduring power of attorney (personal)

An enduring power of attorney (personal) means an attorney can make decisions about the person’s personal life and lifestyle. This doesn’t include medical decisions.

This can include decisions about:

  • where the person lives
  • who the person lives with
  • what education or training they can have
  • whether they go on a holiday and where they go.

If you have been nominated under an enduring power of attorney for both financial and personal matters, then you can make decisions about both.

Supportive attorney

A supportive attorney is someone you can appoint to help you make decisions. However, they can’t make decisions for you if you aren’t able to make them yourself. This option is currently only available in Victoria. A supportive attorney can help you by:

  • collecting information
  • communicating decisions to others
  • making sure the decisions are followed through.

What types of decisions am I not able to make as an attorney?

There are a range of decisions and actions you can’t make as an attorney.

These are usually decisions that must be made by the principal, such as:

  • voting in elections
  • making or revoking a will
  • making or revoking a power of attorney
  • consenting to getting married or divorced
  • making decisions about the welfare of children.

How can we help?

We can help prepare powers of attorney, recommend options and provide you with independent and impartial advice.
If you need more information about powers of attorney, please call us on 1300 138 672.

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