Powers of Attorney Victoria
A Power of Attorney document appoints someone you choose to manage your financial or personal matters if you can no longer do so yourself. State Trustees creates thousands of Power of Attorney documents annually for Victorians - find out more about our professional services below.Â
What is a Power of Attorney?
A Power of Attorney is an important legal document that can be made by anyone aged 18 and above who has decision-making capacity. We can all experience illness or injury unexpectedly and as a result, become unable to manage our own affairs. A Power of Attorney lets you choose someone you trust (called an Attorney) to step in and make decisions on your behalf when you cannot do so. You can limit the Attorney’s power to specific matters and elect when the Attorney’s powers commence should you choose to do so.
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Meet with our team to prepare your Power of Attorney document
What’s an Enduring Power of Attorney (EPA) in Victoria?
An ‘Enduring’ Power of Attorney means that your Power of Attorney continues even if you lose decision-making capacity.Â
Enduring Power of Attorney key benefits
Support for decisions
By choosing someone you trust to act as your Attorney, you’ll get the support you need to make crucial decisions in alignment with your wishes.
Clear instructions and control
You can tailor the document to what you want for financial and personal decisions while giving you the freedom to nominate an Attorney of your choice.
Avoid legal worries
Having a Power of Attorney document in place can help avoid future legal costs and disputes among loved ones.
Financial stability
The person or professional you nominate can keep your bills and finances in good order.
Our Power of Attorney services and documents we prepare
We have assisted thousands of Victorians in preparing Power of Attorney documents that meet their personal needs. Types include:Â
1. Enduring Power of Attorney (Financial)
Appoint a person or professional to manage your financial affairs, including any related legal matters. You can appoint State Trustees as your Financial Enduring Power of Attorney in Victoria
2. Enduring Power of Attorney (Personal)
Appoint a person or professional to make non-medical decisions relating to your personal situation and lifestyle. You cannot appoint State Trustees as your Personal Enduring Power of Attorney.
3. Medical Treatment / Appointment of Medical Treatment Decision Maker
Like a Power of Attorney, this document allows you to appoint a person or professional to legally make medical treatment decisions if you can’t due to injury or illness. You cannot appoint State Trustees as your Medical Treatment Decision Maker.
Book an appointment
Meet with our team to prepare your Power of Attorney document
Who to appoint as your Attorney
- A person or professional you trust: This could be a friend, family member or your solicitor to act as your personal and/or financial Attorney.
- State Trustees: Appointing us as your Enduring Power of Attorney (financial) can remove the burden from loved ones, and ensure important decisions are made by professionals.
Important things to know about appointing a Power of Attorney
Plan ahead of time
You can only prepare an Enduring Power of Attorney / Power of Attorney document at a time when you have decision making capacity to do so. This will ensure that, you will have the best-appointed person, ready to step in and act in accordance with your wishes where you are unable to do so should the need arise in the future.Â
Make sure your wishes are clear
If you become incapacitated, your spouse doesn’t automatically and legally get to make decisions without your consent. A Power of Attorney document makes your wishes clear on your choice of Attorney.Â
Book an appointment
Meet with our team to prepare your Power of Attorney document
Power of Attorney cost summary
| Service | Price (inc. GST) |
|---|---|
| Power of Attorney Appointment for singles* | $330 (one document) |
| Power of Attorney Appointment for couples* | $600 (two documents) |
| Power of Attorney storage | $0 |
*Discounts available for bundled appointments (preparing multiple document types), concession card holders and where we are both appointed and requested to commence as your attorney). Other fees may apply, including offsite travel costs for appointments. View State Trustees’ fees
Further information
Frequently asked questions
What are Powers of Attorney?
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.
What types of Powers of Attorney do you prepare?
State Trustees helps thousands of Victorians to prepare Power of Attorney documents. These can include:Â Â
- 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. Â
Can I revoke a Power of Attorney?
You can revoke (cancel) your power of attorney at any time. You just need to tell your attorney and collect and destroy the original documents. However, you must have decision-making capacity to do this.
When can my appointed Attorney start making decisions?
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.
How often should my Power of Attorney be reviewed?
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.
What is the difference between a will and a power of attorney?
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. Â You can find out more when you visit our State Trustees wills page.Â
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.
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Original artwork ‘Four Sisters Coming Together’ by Melissa Bell 2023