Power of Attorney
Lawyers Mulgrave
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A Power of Attorney is a legal document that lets you choose (in advance) exactly who you trust to step in and act on your behalf. When done properly, it means your family isn’t left guessing what you would have wanted, arguing over who has the right to decide or stuck navigating banks, hospitals and government departments with no legal authority to act.
None of us like thinking about the day we might not be able to make our own decisions. But life doesn’t always give us any warnings. An accident, a stroke, a diagnosis or simply the slow effects of age can leave us unable to manage our finances, affairs or our own medical care.
At Eminent Lawyers, we see this most often with families who are already caring for one another day to day. This can be adult children supporting ageing parents, spouses managing a household together or family members handling affairs while a loved one travels or is unwell. A Power of Attorney simply makes that care legally recognised, so the right person can act when it matters most, without delay and without a trip to court. We believe it is one of the most practical, caring things you can put in place, not only for yourself but for the people who you care about the most.
There are 3 different types of Power of Attorney that our lawyers in Melbourne can help you with:
1. Enduring Power of Attorney (EPA)
Most people don’t think about who’d pay their mortgage or manage their savings if they suddenly couldn’t make decisions for themselves — a stroke, an accident, dementia later in life. An Enduring Power of Attorney is how you plan for a ‘what if’ scenario while you’re still healthy and thinking clearly.
It lets you choose someone you trust — a spouse, an adult child, a sibling — to step in and manage your financial and personal affairs (paying bills, managing property, deciding where you live day-to-day) if you’re no longer able to. The word ‘enduring’ simply means the authority keeps going even after you lose capacity, unlike an ordinary power of attorney which stops the moment you can’t make decisions yourself.
Why is matters to you:
An EPA is perfect for families where aging parents live with adult children or where one family member handles ‘the paperwork’ for the household. Without an EPA, the adult child has no actual legal authority the moment their parent loses capacity. Banks, Centrelink and the Titles Office won’t take instructions from family “because it makes sense”, they need the legal document. This is often the gap we see and it’s an easy one to close early.
An Enduring Power of Attorney means the right person (who you have nominated) can step in the moment they’re needed, without a court process, without delay and without guessing what you would have wanted.
2. Special Power of Attorney (General/Limited Power of Attorney)
Not every situation calls for a sweeping, long-term document. Sometimes you just need someone to act on your behalf for a specific task or for a set period of time. This can include situations such as settling a property while you’re overseas, signing on a bank account while you’re in hospital for a few weeks or managing a business transaction you can’t attend in person. A Special Power of Attorney is designed for ‘I need someone to handle this one thing while I can’t.’ situations.
That’s what a Special (or General) Power of Attorney is for. It’s task-specific or time-limited, and importantly, it stops working the moment you lose decision-making capacity.
Why is matters to you:
A Special Power of Attorney resonates strongly with our clients who travel back to Sri Lanka regularly to visit family, manage property or handle affairs back home – and need someone here in Melbourne to act on a specific matter while they’re away. This can be settling a purchase, dealing with a bank or signing documents on their behalf. It’s also common for clients running a family business who need a trusted person to step in temporarily during travel or illness.
3. medical treatment decision maker
The Medical Treatment Decision Marker often gets confused with Enduring Power of Attorney. An Enduring Power of Attorney does not cover medical decisions in Victoria. If you want someone to be able to make medical treatment decisions on your behalf, you need a separate legal appointment called a Medical Treatment Decision Maker, under Victoria’s Medical Treatment Planning and Decisions Act 2016.
This person becomes your voice with doctors and hospitals if you can’t speak for yourself. This includes decisions about treatment, procedures and care made based on what you would have wanted not just what’s medically convenient.
Why is matters to you:
For many families it is challenging to have conversations about who speaks for you in hospital, what treatment you would or wouldn’t want. We have noticed that sometimes there is an assumption that ‘my family will just know’ or that the eldest child or spouse automatically has the right to decide.
In Victoria, that’s not actually how the law works. If no one is appointed as your Medical Power of Attorney, there’s a legal hierarchy that decides for you. In some cases it may not be the person you would have chosen. Appointing a Medical Power of Attorney is a protective step for you and your family members who’d otherwise be left guessing (or disagreeing) at the worst possible time.
We recommend all our clients to follow the below process if you are thinking of appointing a Medical Decision Maker Power of Attorney:
- Have a think about who you would choose as your Medical Decision Maker Power of Attorney.
- Have a conversation with them and let them know why you have chosen them. Ask them if they will be able to take on the responsibility.
- Clarify any concerns they may have.
- Once the above 3 steps are completed, get in touch with us to finalise the process.
Based in Mulgrave, VIC 3170, our Power of Attorney lawyers are conveniently located for residents across Melbourne’s south-east, including Berwick, Clayton, Clyde, Cranbourne, Dandenong, Endeavour Hills, Fountain Gate, Narre Warren, Noble Park and Rowville.
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Frequently asked questions
An Enduring Power of Attorney covers financial and personal matters (like paying bills or managing property) but does not cover medical decisions in Victoria. A Medical Treatment Decision Maker is a separate appointment that lets someone make medical treatment decisions on your behalf if you’re unable to. Most people benefit from having both in place.
Yes, you can appoint more than one person. You can decide whether they must act jointly (agreeing on every decision together) or act independently. We’ll help you think through what works best for your family and circumstances.
It depends on how the document is drafted. An Enduring Power of Attorney can start immediately, on a specific date or only once you lose decision-making capacity. It is entirely your choice. A Special Power of Attorney typically applies for a set task or time period you define.
Yes, as long as you still have decision-making capacity. You can revoke an existing appointment and make a new one at any time. It’s worth reviewing your documents periodically, especially after major life changes like a separation, a death in the family or a move interstate.
