A Power of Attorney is a legal document that allows a person to conduct another person’s financial, legal, or personal affairs during a person’s lifetime. You may choose to create a Power of Attorney because of an illness or accident, because you are travelling overseas, military deployment, or other reasons.
Our Practice Areas
Powers of Attorney
Powers of Attorney to suit your circumstance
There are different types of documents that we offer:
General (non-enduring) Power of Attorney
You can appoint one or more persons to act on your behalf for defined purposes, such as the sale of your house, managing business affairs, or acting on your behalf when you are overseas. A general power of attorney operates only while you have legal capacity.
Enduring Power of Attorney for Financial and Personal reasons
You can use an enduring power of attorney to authorise another person to conduct financial or personal affairs on your behalf. An enduring power of attorney can start immediately or when you specify it to start, such as when you no longer have decision-making capacity due to illness. The validity of an Enduring Power of Attorney, unlike a General Power of Attorney, continues once your legal capacity is lost.
Appointment of Medical Treatment Decision-Maker
You can appoint a medical treatment decision-maker to make decisions about your medical treatment if you are too unwell or unable to make such decisions yourself. A medical treatment decision-maker must act in the way that they reasonably believe you would have if you had the capacity to make the decision.
Advance Care Directive
An advance care directive can be used to set out your binding instructions or preferences and values about your medical treatment.
Get in touch with our team to learn more about which document will best suit your situation.
How to choose your Power of Attorney:
- Select a Trusted Advocate
Opt for someone you trust to honour your wishes and act in your best interests when making critical decisions on your behalf.
- Efficient and Reliable Support
Seek out a dependable and detail-oriented individual who possesses the organisational skills, capability, and dedicated time required to effectively manage the responsibilities associated with being a Power of Attorney for you.
- Capable Healthcare Decision-Maker
Choose someone who is not only compassionate and understanding, but also competent in making informed medical decisions if you are ever unable to do so yourself.
- Diverse Decision-Making Team
Consider appointing multiple individuals as your Power of Attorney to bring a range of expertise and perspectives to the table, enhancing the quality of decisions made on your behalf. You may wish to choose a family member, a trusted friend, a skilled lawyer for legal matters, a knowledgeable accountant for financial decisions, or a qualified medical practitioner for healthcare choices.
Getting Started
Sometimes you know ahead of time that you will need an Attorney to act on your behalf, such as when you plan an overseas trip and need someone back at home who is authorised to sign documents for things such as asset sales. However, life events such as illness or injury don’t come with warnings in advance and it’s good to be prepared to receive assistance from your nominated Attorney at these times.
If you lose legal capacity without already having a Power of Attorney in place, it is a separate and more complicated process through VCAT to have someone appointed as your attorney. In this instance you would have less control over who is acting on your behalf, and less chance to instruct them on your values and wishes.
Anyone over the age of 18 can consider preparing a Power of Attorney as a layer of legal protection should the day come when you need someone to stand in for you. Once you have considerations such as a spouse, children, assets, liabilities or medical conditions, it is even more important to prepare a Power of Attorney in case the unexpected should arise.
Ready to take the first step? Talk to our team.
Let’s schedule a consultation
Frequently Asked Questions
What if I don’t have anyone I know and trust enough to be my Power of Attorney?
We can help you explore suitable solutions. In the event you don’t have an appropriate family member or friend for the role, we can help you consider options such as trustee companies.
Can I restrict the authority or powers of my attorney?
In preparing your Power of Attorney, we will include clear guidelines and restrictions that limit the actions of your chosen attorney. This helps prevent misuse by providing clear boundaries. Your attorney has a legal obligation to act in your best interests, and must abide by a duty of care.
Can I revoke a Power of Attorney?
Yes. You can revoke or cancel a Power of Attorney at any time, if you have the legal capacity to do so. We can assist you to notify all parties involved and update the document to reflect your intentions.
Our Powers of Attorney Team
Angelica Brigandi
Paralegal
Angelica Brigandi
Paralegal
Angelica Brigandi
Paralegal
Discover the difference.
You are always valued as an individual and your lawyer will understand your situation. We focus on resolutions, avoiding costly proceedings where we can.
The local community trusts us, recommends us, and has continued to engage our services for more than 30 years.
You need to be heard. We’re here to listen.