Power of Attorney

A Power of Attorney is a legal document that allows you to appoint someone you trust to make decisions on your behalf — about your finances, bills or property — if you can’t make them yourself.

You can appoint anyone over 18 who you trust completely — such as a spouse, adult child, close friend, or professional advisor. They must understand the responsibility and agree to act in your best interests.

In most Australian states, there are two main types:

• Enduring Power of Attorney: Covers financial and legal matters if you lose decision-making capacity.
• Medical Treatment Decision Maker: Allows someone to make health or medical decisions on your behalf as per your own discussions with them.

You can choose for it to start immediately, on a specific date, or only when you lose the capacity to make these decisions yourself.

Yes. You can appoint multiple Attorneys to act jointly (together) or severally (independently). This can provide flexibility and checks and balances.

Yes. As long as you still have decision-making capacity, you can update or revoke it at any time by signing a new form and notifying your Attorney(s).

No. A Medical Treatment Decision Maker is a separate document that appoints someone to make medical and health care decisions for you if you can’t do so yourself.

No. A Power of Attorney only applies while you’re alive. After your death, your Will and Executor take over.

If you lose capacity without one, your loved ones may need to apply to a tribunal (such as VCAT in Victoria) to gain legal authority to manage your affairs — a process that can be stressful and time-consuming. By having a plan in place now saves them the stress of this process.