Enduring Power of Attorney Victoria Form

A Power of Attorney is a legal document used to give another person the power and authority to do things on your behalf.

The person granting the power is usually referred to as the "donor" or "principal" and the person who is granted the power or authority is known as an "attorney". It is possible to appoint more than one attorney, in which case they are known as the "attorneys" and "alternative attorneys" in case your first choice of is unwilling or unable to act as an attorney.

In Victoria, you can appoint your attorneys to manage both your personal matters and your financial matters, or any one of the two.

Financial matters covers things like controlling bank accounts and selling property. Meanwhile, personal affairs includes for example, making decisions about where you are to live if you to go into a residential aged care home and how you are to be cared for.

It is a common mistake to assume that if you have a Will, you don't need a power of attorney. But, a Will only takes effect when you die. In fact, people may live for many years with the need someone to take care of them as they can't manage their own affairs.

Who will look after paying your bills and maintaining your home (or perhaps selling it for you) if you have an accident or suffer from dementia?

What if you are overseas and you need someone else to sign legal documents on your behalf?

In most cases, a power of attorney is used to appoint one's husband, wife or children, for example, to look after their personal and financial matters if they are incapacitated or simply too old to take care of these things themselves.

In Victoria, the appointment of an attorney is only effective if they accept the appointment and agrees to comply with their legal duties.

An attorney under an enduring power of attorney made in Victoria:

- must act honestly, diligently and in good faith; and

- must exercise reasonable skill and care;

- must not use the position for their own profit and must not act if there is a conflict of interest (unless authorised).

- must protect confidential information; and

- must keep accurate records and accounts.

You should be careful to appoint an attorney you trust and you are confident will make wise decisions in your best interests.

A Power of Attorney is a legal document used to give another person the power and authority to do things on your behalf.

The person granting the power is usually referred to as the "donor" or "principal" and the person who is granted the power or authority is known as an "attorney". It is possible to appoint more than one attorney, in which case they are known as the "attorneys" and "alternative attorneys" in case your first choice of is unwilling or unable to act as an attorney.

In Victoria, you can appoint your attorneys to manage both your personal matters and your financial matters, or any one of the two.

Financial matters covers things like controlling bank accounts and selling property. Meanwhile, personal affairs includes for example, making decisions about where you are to live if you to go into a residential aged care home and how you are to be cared for.

It is a common mistake to assume that if you have a Will, you don't need a power of attorney. But, a Will only takes effect when you die. In fact, people may live for many years with the need someone to take care of them as they can't manage their own affairs.

Who will look after paying your bills and maintaining your home (or perhaps selling it for you) if you have an accident or suffer from dementia?

What if you are overseas and you need someone else to sign legal documents on your behalf?

In most cases, a power of attorney is used to appoint one's husband, wife or children, for example, to look after their personal and financial matters if they are incapacitated or simply too old to take care of these things themselves.

In Victoria, the appointment of an attorney is only effective if they accept the appointment and agrees to comply with their legal duties.

An attorney under an enduring power of attorney made in Victoria:

• must act honestly, diligently and in good faith; and
• must exercise reasonable skill and care;
• must not use the position for their own profit and must not act if there is a conflict of interest (unless authorised).
• must protect confidential information; and
• must keep accurate records and accounts.

You should be careful to appoint an attorney you trust and you are confident will make wise decisions in your best interests.

You should use our Enduring Power of Attorney form for Victoria if:

[ ] you reside in the State of Victoria (VIC), Australia or

[ ] you live elsewhere but you want to grant someone the power to deal with real estate that you own in Victoria.

This form can be used even if your attorneys live outside of Victoria.

In some cases, it's wise to consult with a lawyer for advice on making an enduring power of attorney.

For example, you may need more support:

• if you are concerned the person who intends to make a power of attorney has the legal capacity to understand what they are signing.
• if you want a solicitor or barrister to take file notes surrounding the grant of a power of attorney. This is useful if you anticipate there might be a legal dispute about the appointment.
• if you want help drafting special clauses to limit or expand your attorneys powers.

In Victoria, one of the two witnesses to the signing of an Enduring Power of Attorney must hold a special qualification. This includes, amongst others, a doctor or a lawyer.

Therefore, it can be useful to enlist the help of a lawyer who can advise on your power of attorney and also certify that they have witnessed you sign the document.

In order to make a legally valid Enduring Power of Attorney under the laws of Victoria, Australia, you need to comply with the requirements of the Power of Attorney Act 2104 Victoria. The Act sets out the special required words.

To make it simply for you, Legal Zebra will create the form for you, with the correct wording.

In order to make a legally valid Enduring Power of Attorney under the laws of Victoria, Australia (Power of Attorney Act 2104 Victoria), you must:

1. sign and initial the document in front of two witnesses, and
2. each witness must also sign the document.

Here's how it works:

1. the first witness does not require any special qualifications, but must be over 18 and independent (not someone appointed as your attorney or a relative of your attorney).

2. The second witness must be either a medical practitioner (for example your local doctor) or a person who is authorised to witness the signing of an affidavit.

You can find a list of these qualified witnesses at the Supreme Court of Victoria website and at the Victorian State Government's department of Justice and Community Safety.

The most accessible people who may witness a power of attorney in Victoria are likely to be one of the following:

• a lawyer. Get a referral from the Law Institute of Victoria.
• a notary public, which you can find at the Society of Notaries of Victoria.
• a registrar of a Victorian Court. See a list at Court Services Victoria.
• a police officer of or above the rank of sergeant or for the time being in charge of a police station. Visit the local Police Victoria station.

There is no process, or requirement, for registration of a Power of Attorney in Victoria.

This is unusual because in all states and territories of Australia, other than Victoria, you must register a power of attorney with the relevant Land Titles Office if you seek to rely on it for a transaction involving real estate.

Yes, your attorneys will need to sign the document to confirm that they accept the appointment and agree to follow their duties as attorneys under Victorian law, the Power of Attorney Act 2014 Victoria.

Detailed instructions are included in our Enduring Power of Attorney form.

After you complete and order the form on our website, we will email you the Enduring Power of Attorney document ready for signing. It includes detailed instructions for you and your witnesses. So, you can create a valid legal document with confidence.