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Victorian legal guide

Do I need a lawyer to make a power of attorney in Victoria?

General information for people in Victoria · ORLA Connect

You don't strictly need a lawyer to make a power of attorney in Victoria — there are official forms — but the document must be signed and witnessed correctly, and legal advice helps make sure it does what you want and can't be misused. Here's what to weigh up.

The witnessing rules matter

An enduring power of attorney must be signed and witnessed following specific rules — including by an authorised witness — or it may be invalid. Getting the formalities wrong is a common problem with DIY documents.

When advice is worth it

If you have significant assets, a business, a blended family, or you want to limit or tailor the attorney's powers, legal advice helps you set it up properly and reduce the risk of misuse.

Doing it alongside a will

Many people prepare a power of attorney at the same time as a will and medical treatment decision maker appointment, so their planning is consistent — a lawyer can do these together.

Get help the easy way

Post your wills & estates matter once on ORLA Connect and get matched with Victorian firms who can prepare a power of attorney and explain their fees — privately, before you commit. Free and no obligation.

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Is a DIY power of attorney valid in Victoria?
It can be, but only if signed and witnessed following the specific rules. Witnessing errors are a common reason DIY documents fail.
Should I make a power of attorney with my will?
Many people do — preparing a power of attorney, will and medical treatment decision maker together keeps your planning consistent.

This article is general information only and is not legal advice. For advice about your situation, post your matter and a matched Victorian law firm can help.