Enduring powers of attorney

It helps if everybody in your family knows who has been nominated to make important decisions when somebody is no longer able to decide for themselves. It is also useful to know what they might have wanted in a range of common situations.

Enduring powers

Enduring powers are legal documents that let a person choose someone they trust (an ‘agent’) to act on their behalf if they become unable to make decisions for themselves.

In Victoria, there are three different enduring powers. They cover different types of decision-making and need to be made separately:

• An Enduring Power of Attorney (financial) lets you choose someone to make financial and legal decisions on your behalf like banking, changing investments or selling your home.
• An Enduring Power of Attorney (medical treatment) lets you choose someone to make decisions about your medical treatment like whether to consent to invasive or end of life procedures.
• An Enduring Power of Guardianship lets you choose someone who can make lifestyle decisions for you like deciding where you will live.

Who can appoint enduring powers?

To appoint enduring powers, you must be of sound mind or 'competent' and able to understand what you are doing.

You cannot appoint enduring powers for another person only for yourself.

Under some circumstances, a Guardian or Administrator can be appointed to protect the interests of somebody who is not competent to make decisions for themselves. This usually happens when there is concern about their rights.

Choosing your agent

Your agent can be any competent adult who is able and willing to act on your behalf. 

Choose someone that you trust to act in your best interests and carry out your wishes. He or she should also understand your views about the decisions they might be asked to make for you and know you well enough to make the kind of choices you would make for yourself.

Making your wishes known

If you have clear views about particular medical and legal situations that might affect you, write them down. This is sometimes called an ‘advance directive’. Ask your doctor or lawyer to help you to work out what you would like to do in a range of common situations.

Discuss your views with close family members and friends and give them copies of your advance directives. Letting people know in advance what you want in a particular situation can help prevent distress or conflict if different people have different views about what should be done.

Paperwork and safeguards

Enduring powers need to be prepared in a particular way by a solicitor or using the free do-it-yourself kit Take Control published by Office of the Public Advocate.

You can cancel (‘revoke’) an enduring power at any time provided you are still competent.

If an Agent abuses an enduring power it can also be revoked by the Guardianship List of the Victorian Civil and Administrative Tribunal (VCAT). Anybody who believes that the Agent is not acting in your best interests can contact the Guardianship List on your behalf.

Find out more

The Office of the Public Advocate recommends that every competent adult should appoint enduring powers to somebody they trust.