What is an 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 power of attorney 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 meaning

An ‘enduring Power of Attorney mean that your Power of Attorney continues even when you lose decision making capacity. A power of attorney is the term used to refers to a legal document giving someone (the attorney) the right and responsibility to conduct financial, legal or personal affairs for another person (the principal). The role of the attorney is only valid when the principal person is alive and willing for the other person to make decisions on their behalf. If the principal dies, the attorney’s power ceases.

This can include decisions about:
  • Your day-to-day personal finances
  • Your bills
  • Managing your property
  • Your tax returns

Enduring power of attorney (financial)

An enduring power of attorney for financial matters means your attorney can decide 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)

This type of attorney 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 decisions can an enduring power of attorney not make?

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 with enduring powers of attorney?

For help creating a power of attorney document, you can turn to State Trustees. We provide Will and Power of Attorney Appointments 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. 

We hope this information has helped answer the question of what an enduring power of attorney is. If you have further questions, do not hesitate to call 1300 138 672 or contact us today! 

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