Powers of Attorney Victoria

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.

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

• Enduring Power of Attorney (Financial): This can be a person you know or a professional who will manage your financial affairs and related legal matters. We can take on this role as part of our State Trustees’ professional power of attorney services. You can appoint State Trustees as your Enduring Power of Attorney (Financial). 
• Enduring Power of Attorney (Personal): This can be someone you know or a professional who becomes responsible for making non-medical decisions about your personal situation and lifestyle. You cannot appoint State Trustees for this role.  

You may revoke your POA at a later date, but only if you have the capacity to do so. You must write to the previously appointed person and explain that you are removing them from this service. You must also sign a revocation form from VCAT, which must be witnessed by two adults, one of whom is either a medical practitioner or has authorisation to witness affidavits.

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.

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.

One of the main differences between a will and power of attorney is when they take effect. A will is a legal document that sets out your wishes for what you would like to have happen to your estate when you die, and takes effect after your death.  You can find out more when you visit our State Trustees wills page. 

On the other hand, a power of attorney is a legal document which authorises the person you nominate to act on your behalf and takes effect during your lifetime. 

No. In Victoria, your spouse or partner does not automatically have the legal authority to make financial or personal decisions for you if you lose capacity. Without a legally authorised Power of Attorney, your spouse may need to seek a formal arrangement before they can make certain decisions on your behalf.

If you lose decision-making capacity and do not have a Power of Attorney in place, decisions about your financial or personal matters may need to be made through an attorneyship arrangement.

Attorneyship is a legal process that supports decision-making when no Power of Attorney is in place. State Trustees Victoria can assist Victorians through attorneyship arrangements, helping ensure decisions are made carefully, lawfully and in the person’s best interests.

You do not need a lawyer to make a Power of Attorney. However, it is important that the document is prepared correctly and reflects your situation. A Power of Attorney is a significant legal document. Professional assistance can help ensure it is valid under Victorian law and clearly records your wishes. State Trustees provides professional Power of Attorney services and can guide you through this process.

A Power of Attorney made in Victoria is created under Victorian law. While it may be recognised in other states or territories in some situations, it does not automatically operate the same way across Australia.

Each state and territory has its own laws, so it is important to prepare your POA carefully and to seek professional assistance if you have interstate assets or connections.