The appointment of a power of attorney allows someone else to make decisions on your behalf. To appoint a Power of Attorney you need to be able to understand the implications and consequences of what you are doing. If you do not have the capacity to understand this, the appointment will not be legally valid.

For downloadable fact sheets and forms related to powers of attorney and enduring powers of attorney as well as the full suite of publications from the Office of the Public Advocate, please go to the Office’s website.

There are four types of Powers of Attorney:

General Power of Attorney

This is where you appoint someone, usually for a specific period of time, to make financial or legal decisions for you. If you appoint a General Power of Attorney and then lose legal capacity at a later stage the appointment will no longer be valid and the person you have appointed will no longer be able to make decisions on your behalf.

Enduring Power of Attorney (Financial)

This is where you appoint someone to make financial or legal decisions for you in the event of you losing, at some time in the future, the capacity to make those decisions for yourself

Enduring Power of Attorney (Medical Treatment)

This is where you appoint someone to make medical treatment decisions for you in the event of you losing, at some time on the future, the capacity to make those decisions yourself

Enduring Power of Guardianship

This is where you appoint someone to make lifestyle decisions for you, such as where you will live, in the event of your losing, at some time in the future, the capacity to make those decisions yourself.

Deciding Who to Appoint

You need to make this decision for yourself. You should try to appoint someone who you have grounds for believing is trustworthy and who both knows you well enough, and is objective enough, to make the decisions that are best for you.

With a General Power of Attorney and an Enduring Power of Attorney (Financial) you can appoint joint decision makers and stipulate, if you wish, that both of them have to agree for their decisions to be valid.

Appointing an Attorney or Guardian

You need to fill out the appropriate form and give it to the person you have appointed and keep a copy for yourself. The forms are available from Victoria Legal Aid and the Office of the Public Advocate. The signing of some of the forms will need to be witnessed.

Revoking the Appointment

You can revoke the appointment by telling the attorney or guardian that their power is withdrawn, and by destroying the document and any copies.

Contacts

Office of the Public Advocate
5/436 Lonsdale St
Melbourne VIC 3000
Tel: 03 9603 9500
Email: publicadvocate@justice.vic.gov.au

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Acknowledgements:

Article is copyright, supplied and endorsed by the Victorian Government.