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What decisions can my Enduring Power of Attorney make?

The powers the person you appoint will have will depend on the type of appointment, and whether you include additional restrictions in the document.

The terminology used below is relevant to Victoria, but similar considerations apply in other Australian jurisdictions. You should always check the terminology and other details relevant to the appointment types in your particular jurisdiction.

An enduring power of attorney for financial matters enables your attorney to make decisions that relate to your financial or property affairs (including any legal matters relating to those affairs).

This may include decisions relating to:

  • your day-to-day personal finances
  • management of bills
  • management of property
  • completion of tax returns.

An enduring power of attorney for personal matters enables your attorney to make decisions that relate to your care and personal welfare.

This may include decisions relating to:

  • where you live
  • who you live with
  • what education or training you receive
  • whether you go on a holiday and where you go

If you have an enduring power of attorney for both financial matters and personal matters, your attorney can make decisions that relate to both your financial and personal matters.

The appointment of supportive attorney (currently only available in Victoria) allows your supportive attorney to help you in your decision making, whilst you still have decision making capacity. Unlike an enduring power of attorney, you are not giving the supportive attorney power to make decisions for you, but they can help you by collecting information for you, communicating your decisions to others, giving effect to the decisions you have made, or a combination of these things.

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