Planning for the future often focuses on wills and estate matters, but it is just as important to consider what happens if you are no longer able to make decisions during your lifetime. A Power of Attorney is a legal document that allows you to appoint a trusted person to act on your behalf, ensuring your financial and personal matters are managed when you cannot do so yourself.
In Victoria, a Power of Attorney can make a significant difference in times of illness, injury or incapacity. Knowing your options and putting the right documents in place can protect your interests and provide reassurance to your loved ones.
What Is a Power of Attorney?
A Power of Attorney in Victoria gives another person the legal authority to make decisions on your behalf. This can cover financial matters, personal affairs or both. It is a safeguard that ensures someone you trust is authorised to act in your best interest if you are unable to.
The person you appoint is called your “attorney” – not necessarily a lawyer, but someone with legal permission to act on your behalf. The appointment must be made while you still have decision-making capacity.
People often consider how to get a Power of Attorney in Victoria when they start to think about ageing, or after a diagnosis or a serious injury. However, it is a smart and proactive step for adults of all ages to ensure they are protected.
Types of Power of Attorney in Victoria
There are three main types of Power of Attorney recognised under Victorian law, each with different purposes:
- General Non-Enduring Power of Attorney:
Grants someone the power to manage specific financial matters for a set period. It is often used for temporary situations, such as when you are travelling overseas. - Enduring Power of Attorney:
This is the most comprehensive and important type. It continues even if you lose the ability to make decisions yourself. It typically covers financial and personal matters, such as paying bills, managing property or deciding on living arrangements. This type is especially relevant for long-term planning. - Supportive Power of Attorney:
Allows a person with decision-making capacity to appoint someone to support them in making decisions, for example, by accessing information or communicating with third parties. It is ideal for individuals who want support but do not need full decision-making taken over.
Each type serves a unique purpose, and understanding the difference between general vs enduring Power of Attorney is essential when deciding what suits your needs.
Why You Might Need a Power of Attorney
You never know when a serious illness or injury could leave you unable to manage your finances, arrange care, or make personal decisions. Having a legal Power of Attorney in Australia ensures someone you trust can step in without delay or complication.
Without a Power of Attorney in place, your loved ones may face delays, legal hurdles or the need to apply to a tribunal for decision-making rights. Appointing someone now helps avoid stress and uncertainty later.
McNab McNab & Starke provides expert advice on drafting a Power of Attorney that is tailored to your circumstances. Whether you are planning for the future or responding to a recent health change, we can guide you through every step with care and clarity.
A Power of Attorney is not just for the elderly or seriously ill. It is a practical and responsible way to protect yourself, your assets and your family. By understanding the types of Power of Attorney and working with a legal expert to prepare one, you gain peace of mind that your future is in safe hands.
Contact McNab McNab & Starke today to discuss your Power of Attorney options. Our team can help you create or update a legally sound document that gives you control, clarity and confidence for the future.