Key Takeaways
- Establishing a power of attorney is essential for ensuring that your wishes regarding financial, personal, and medical decisions are respected, especially if you become unable to communicate.
- There are three main types of powers of attorney in Victoria: General Non-Enduring, Supportive, and Enduring, each with different scopes and durations of authority.
- Choosing the right attorney involves ensuring they are trustworthy, capable of handling responsibilities, and available when needed.
- It is crucial to follow specific steps to create a power of attorney, including identifying needs, completing the appropriate documentation, seeking legal advice, and secure storage of the document.
- Key legislation governing powers of attorney in Victoria includes the Powers of Attorney Act 2014, Guardianship and Administration Act 2019, and Medical Treatment Planning and Decisions Act 2016.
Planning for the unexpected is essential to maintain control over important aspects of your life. From managing finances to making critical medical decisions, having a clear plan in place ensures that your wishes are respected, even if you are unable to communicate them yourself.
This guide offers a thorough understanding of powers of attorney in Victoria, equipping you with the knowledge to make informed decisions about appointing trusted individuals who will act in your best interests when needed. By establishing a power of attorney, you can secure your financial, personal, and medical preferences, providing peace of mind for both you and your loved ones.
Why Powers of Attorney Matter
Unexpected situations, such as accidents, illnesses, or travel, can leave you unable to make critical decisions about your living arrangements, financial management, or access to support services. A power of attorney ensures that:
- Your affairs are managed according to your preferences.
- Conflicts among family members are minimised.
- The need for intervention by the Victorian Civil and Administrative Tribunal (VCAT) is avoided.
Without one, these decisions may fall to people you have not chosen or require legal proceedings to determine who will take charge.
Three Types of Powers of Attorney
- General Non- Enduring Power of Attorney
- Grants someone authority to make decisions for a specific purpose or time frame.
- Automatically ceases to be valid if you lose decision-making capacity.
- Supportive Power of Attorney
- Authorises a trusted person to assist you in making and carrying out decisions while you retain capacity.
- Enduring Power of Attorney
- Allows the appointed person to manage your financial, personal, and legal matters.
- Remains valid even if you lose the capacity to make decisions.
Choosing the Right Attorney
Selecting the right person as your attorney is essential to ensure your interests are protected. Consider:
- Trust: Choose someone who will prioritise your best interests.
- Skills: Ensure they are capable of handling the responsibilities involved.
- Availability: Select someone willing and able to act when required.
You can also appoint a medical treatment decision maker to handle healthcare decisions if you are unable to do so. This person should understand your values and be comfortable making critical medical choices on your behalf.
If you appoint multiple attorneys, specify whether they act jointly, separately, or in a set order. Provide clear instructions to avoid misunderstandings and ensure your preferences are followed.
Steps to Create a Power of Attorney
- Identify Your Needs
- Determine the type of power of attorney that fits your situation.
- Complete the Documentation
- Access the required forms through the Office of the Public Advocate (OPA).
- Consult Legal Advice
- Engage a lawyer to ensure compliance with legal requirements.
- Sign the Document
- Execute the power of attorney in the presence of two witnesses, including one authorised to witness statutory declarations.
- Store Securely
- Keep the original document safe and provide copies to relevant individuals.
Key Legislation
Key laws governing powers of attorney in Victoria includes:
- Powers of Attorney Act 2014: Establishes the framework for creating and managing powers of attorney, ensuring clarity and accountability for both principals and attorneys.
- Guardianship and Administration Act 2019: Provides provisions for appointing guardians or administrators when an individual lacks capacity and no power of attorney exists.
- Medical Treatment Planning and Decisions Act 2016: Guides the appointment of medical treatment decision makers and allows for advance care directives to outline preferences for future healthcare.
Support and Resources
If you need guidance, the following resources can assist:
- Victoria Legal Aid (VLA): Provides free legal information and resources to assist in creating powers of attorney.
- Office of the Public Advocate (OPA): Offers tools and guidance for establishing a power of attorney. Useful resources include:
- Making an Enduring Power of Attorney: Provides forms and detailed instructions for setting up an enduring power of attorney.
- Take Control: This guide explains:
- How to appoint a medical treatment decision maker
- Steps to create an advance care directive
- The process of setting up an enduring power of attorney
- Victorian Civil and Administrative Tribunal (VCAT): Resolves disputes and appoints decision-makers if required.
Conclusion
The power of attorney provides security and clarity during uncertain times. By appointing trusted individuals and preparing the necessary documents, you ensure your wishes are respected and prevent unnecessary complications.
Whether it is decisions about your living arrangements, financial management, or access to support services, our team can guide you through every step of the process. Contact Pentana Stanton Lawyers today for personalised and expert legal assistance in creating a power of attorney that aligns with your unique needs and priorities.
