enduring power of attorney

What is an enduring power of attorney?

An enduring power of attorney is a legal document that lets you appoint someone to make decisions about personal matters (such as where you live) or financial matters (such as paying bills) or both. This person is called an attorney. The power endures - or continues - if and when you are unable to make decisions.

You can limit the power to cover only specific matters, and you can choose when the powers start.

Your attorney cannot make medical treatment decisions for you unless they are also your medical treatment decision maker.

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

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

Important: You should only make an enduring power of attorney if there is someone you trust, who understands what is important to you, and is willing and able to act on your wishes as far as it is possible to do so. Otherwise, you shouldn’t make an enduring power of attorney.

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.