Secure Yourself with Power of Attorney in Melbourne

Enduring power of Attorney

An enduring power of attorney is a legal document that lets you appoint someone (referred to as “the attorney”) to make decisions about personal matters (such as where you live) or financial matters (such as paying bills) or both, on your behalf if you lose the mental capacity to do so.

What can my attorney do?

Your attorney can make decisions about:

Both personal and financial matters
Personal matters only
Financial matters only or
Only the personal or financial matters that you specify

Your attorney cannot:

Vote
Make decisions about the care or wellbeing of children
Make (or revoke) a will
Make (or revoke) an enduring power of attorney
Consent to a marriage or a sexual relationship or the dissolution of a marriage
Make decisions about adoption of a child
Enter into surrogacy arrangements
Manage your estate on your death
Consent to an unlawful act.

You can make an enduring power of attorney if you are aged 18 years or older and have decision making capacity to do so.

You can only make an enduring power of attorney for yourself, you cannot make one on behalf of someone else.

If you don’t appoint anyone, and are unable to make a decision when it needs to be made, the Victorian Civil and Administrative Tribunal (VCAT) can appoint someone to make the decision, such as the Public Advocate or a trustee company.

How long does an Enduring Power of Attorney last?

You can choose for your attorney(s)’ powers to start:

Immediately
When you cease to have decision-making capacity for the matters or matter
At another time, circumstance or occasion.

You can specify that the powers start at different times for different matters. If you do not specify, the powers start immediately for all matters.

You can cancel your Enduring Power of Attorney at any time while you still have capacity, by completing a revocation form and informing your attorney of the revocation. It will also be revoked:

If it is cancelled by VCAT
If all the people you have appointed have died or are unable to act for you
When you die

How many attorneys can you choose?

You can appoint more than one attorney.

If you appoint two or more attorneys or two or more alternate attorneys, you should specify how you want them to make decisions.

You may appoint them to act:

Jointly — they must make decisions together (and all sign any document)
Jointly and severally — they can make decisions together or independently (for example, either all sign any document, or one attorney alone can sign any document)
Severally — they can make decisions independently (and one attorney alone can sign any document)
Majority — a majority need to agree to make a decision (and the majority who agree sign any document).

Ensure your interests are protected with an enduring power of attorney created by Jay Kenny Lawyers. Safeguard your decision-making abilities and plan for the future with us,

You can grant decision-making authority to us
Know about powers and limitations of the attorney
Attorney’s responsibilities of managing finances and property
Recognize the revoking or amending power of attorney

Power Of Attorney

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