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When can my appointed Attorney start making decisions?

You can specify when your attorney’s powers commence.

For example, in Victoria, under an enduring power of attorney, you can nominate whether your attorney is able to use the powers you have given them:

  • immediately; or
  • when you are unable to make decisions for yourself; or
  • from a specified time, circumstance or occasion.

An attorney must act in accordance with your directions or instructions whilst you still have decision making capacity.

With a general power of attorney you can also specify a date or circumstance in which your attorney’s powers will end. 

Keep in mind that you cannot make another power of attorney after you have lost decision making capacity.

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