Enduring powers of attorney in Victoria: who needs one and how they work

Your will only speaks after death. If illness or injury takes away your ability to make decisions while you are alive, the documents that matter are your enduring power of attorney and your appointment of a medical treatment decision maker. Without them, your family may face a tribunal application simply to pay your bills or sell your home. Here is how the Victorian system works.

What an enduring power of attorney is

Under the Powers of Attorney Act 2014 (Vic), an enduring power of attorney lets you appoint a person — your attorney — to make decisions for you. "Enduring" means the appointment continues to operate if you lose decision-making capacity, which is exactly when it matters most. You can give authority over:

• Financial matters: operating bank accounts, paying bills, managing investments, dealing with property, lodging tax returns.
• Personal matters: where you live, who supports you, day-to-day lifestyle decisions.

You choose when the financial power begins — immediately, on a date, or only when you lose capacity — and you can attach conditions or instructions. Personal-matters authority only ever operates while you lack capacity to make the particular decision.

Medical decisions are separate

Medical treatment is governed by a different regime. Under the Medical Treatment Planning and Decisions Act 2016 (Vic), you can appoint a medical treatment decision maker to consent to or refuse treatment if you cannot, and you can make an advance care directive recording your values or binding instructions about particular treatments. Together with the enduring power of attorney and your will, these documents complete a Victorian estate plan. We prepare them as a set, because gaps between them are where problems grow.

Choosing your attorney

This is the decision that deserves the most thought. Your attorney will hold real power over your money and your life. An attorney must be an adult; for financial matters they must not be insolvent, and a person who is your paid care worker or health provider cannot be appointed. Beyond eligibility, look for:

• Integrity first — someone who will keep your money separate from theirs and keep records, as the Act requires.
• Availability — a person in Australia and in your life, not an overseas sibling you speak to twice a year.
• Financial competence for financial matters; empathy and knowledge of your wishes for personal matters. They need not be the same person.

You can appoint more than one attorney — jointly (they must agree), severally (either can act), or by majority — and you should always name an alternative in case your first choice cannot act. Many couples appoint each other, with adult children as alternatives.

Signing and witnessing rules

Victoria's witnessing requirements are strict, and they are where home-made forms most often fail. The document must be signed in front of two adult witnesses, neither of whom is the attorney, at least one of whom is authorised to witness affidavits (a lawyer, for example) or is a registered medical practitioner. The witnesses certify that you appeared to sign freely and voluntarily and appeared to have capacity. Your attorney then signs an acceptance. We oversee execution so none of this is left to chance.

Safeguards against misuse

Financial abuse of older Victorians is real, and the Act builds in protections. Attorneys must act honestly, diligently and in your best interests, avoid conflicts, keep property separate and keep proper records. VCAT can review an attorney's conduct, order compensation, and revoke an appointment. Certain transactions — like an attorney benefiting themselves or others — are prohibited without express authority. If you are worried about how an attorney is using their powers over a family member, we can advise on a VCAT application quickly.

What happens without one

If you lose capacity without an enduring power of attorney, no one — not even your spouse — automatically has the right to deal with your assets. Your family must apply to VCAT for the appointment of an administrator (financial) or guardian (personal). That process takes time, involves ongoing reporting, and the person appointed may not be the person you would have chosen. VCAT appoints thousands of administrators each year; most of those applications would have been unnecessary if an enduring power of attorney existed.

Keeping it current

Review your appointments whenever your circumstances change: separation or divorce, an attorney moving overseas or losing capacity themselves, or a breakdown in trust. You can revoke an enduring power of attorney at any time while you have capacity, and making a new one revokes the old to the extent of any inconsistency. Tell your bank, your accountant and your family where the originals are held — a perfect document no one can find helps nobody.

Supportive attorneys: help without handover

Victoria also recognises a gentler option: the supportive attorney. Rather than making decisions for you, a supportive attorney is authorised to help you make and give effect to your own decisions — gathering information from banks and agencies, communicating your choices, and assisting with paperwork. It suits people who retain capacity but want a trusted person formally recognised alongside them, and it can operate side by side with an enduring power of attorney that only begins if capacity is later lost.

Answers to two common questions

Does my attorney get paid? Not unless the document says so. Family members usually act without payment but can be reimbursed for out-of-pocket expenses. If you want to allow professional remuneration, the appointment must say so expressly.

Can I still make my own decisions after signing? Yes. Appointing an attorney takes nothing away from you while you have capacity. You remain in charge; the document is a contingency, not a surrender. Many clients describe signing one as buying peace of mind for the price of a signature.

A practical package

We prepare wills, enduring powers of attorney and medical treatment appointments together, for a fixed fee quoted before we start. Preparing them as a set costs less than untangling the gaps later, and it means the people you trust can step in seamlessly if life takes a turn. Start with our wills and estates page, or read about making a valid will next.

This guide reflects the law applying in Victoria as at July 2026. It is general information only, not legal advice, and does not take your circumstances into account.