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Victorian legal guide

What is a power of attorney in Victoria?

General information for people in Victoria · ORLA Connect

A power of attorney is a legal document that lets you appoint someone you trust to make decisions for you. In Victoria an enduring power of attorney keeps working if you later lose capacity, which is why it's a key part of planning ahead. Here's how the different types work.

Enduring vs general

A general (non-enduring) power of attorney is for a set time or task and ends if you lose capacity. An enduring power of attorney continues if you lose capacity, so it protects you when you most need it.

Financial vs personal decisions

An enduring power of attorney can cover financial and personal (lifestyle) matters. Medical treatment decisions are handled by a separate appointment of a medical treatment decision maker.

When it's worth doing

Having valid documents in place avoids the delay and cost of applying to VCAT for an administrator or guardian if you can't make decisions later. It's usually done alongside a will.

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What’s the difference between a general and an enduring power of attorney?
A general one ends if you lose capacity; an enduring one keeps working, which is why it’s used for planning ahead.
Does a power of attorney cover medical decisions?
No — medical treatment decisions are covered by a separate appointment of a medical treatment decision maker in Victoria.

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.