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What is enduring power of attorney in Victoria?

19 January 2024

Guide Powers of Attorney

The powers your attorney has will depend on the type of attorney you have chosen, as well as whether you include any 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 for financial matters means your attorney can make decisions about your financial or property affairs. This includes any legal matters that relate to them.

This can include decisions about:

  • Your day-to-day personal finances
  • Your bills
  • Managing your property
  • Your tax returns

Enduring power of attorney (personal)

An enduring power of attorney for personal matters means your attorney can make decisions about your care and personal welfare. This doesn’t include medical decisions.

This can include decisions about:

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

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 your decisions to others
  • making sure the decisions you make are actioned
  • a combination of these things

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 State Trustees help?

For support in creating a power of attorney document, you can look to State Trustees. We provide Wills and Powers of Attorney Appointment both in-person and via video call to help ensure that you have the support you need to make arrangements that align with your wishes.

For any questions you might have, do not hesitate to reach out to us by calling 1300 138 672 or contact us today!

Useful resources

Guide

Will writing guide

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Checklist

Executor checklist

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Guide

8 reasons to update your will

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