Enduring Power of Attorney (Victoria)
$29.00 AUD
The LifeDocs Enduring Power of Attorney is an essential legal document that allows you to appoint someone to make financial and personal decisions on your behalf if you become unable to do so yourself.
Your LifeDocs Enduring Power of Attorney grants your appointed attorney(s) the necessary authority to manage your affairs. This authority includes making financial decisions, handling property matters, and making personal decisions about your lifestyle, in accordance with Victorian law.
After completing our LifeDocs smartform, you’ll immediately receive a ready-to-sign PDF copy of your customised LifeDocs Enduring Power of Attorney. We’ll also send you an email with the document attached.
If you have any questions about the LifeDocs Enduring Power of Attorney, please reach out to our LifeDocs Team.
Jurisdiction
This LifeDocs Enduring Power of Attorney may be used in:
- Victoria
Features
The LifeDocs Enduring Power of Attorney (Victoria) lets you:
- choose up to 5 attorney to make decisions on your behalf
- choose up to 5 alternative attorney to make decisions on your behalf in the event that your attorneys are unable or unwilling to act
- specify commencement date or period of operation
- choose the types of decisions your attorneys may make on your behalf
- impose custom conditions that your attorneys must consider
Sample
FAQ
Most frequent questions and answers about the LifeDocs Enduring Power of Attorney (Victoria)
An Enduring Power of Attorney (Victoria) is a legal document that allows you to appoint someone you trust to make financial and personal decisions on your behalf if you become unable to do so yourself. This person, called your attorney, can manage your money, property, and other affairs according to your wishes and best interests.
You can specify in your Enduring Power of Attorney what types of decisions your attorney can make and when their authority begins. This might include managing your bank accounts, paying bills, or making decisions about your living arrangements and healthcare.
Having this document in place can provide peace of mind, knowing that your affairs will be managed by someone you trust if you lose the capacity to make decisions yourself. It also ensures that your loved ones have clear guidance and legal authority to act on your behalf when needed.
Once you turn 18, it may be an appropriate time to consider preparing a LifeDocs Enduring Power of Attorney (Victoria).
An Enduring Power of Attorney (Victoria) is particularly important if you:
- own assets such as property, investments, or savings accounts;
- want to ensure your financial affairs are managed according to your wishes if you become incapacitated;
- have specific preferences for your personal care and lifestyle decisions; or
- wish to provide clear guidance for your care and financial management in case of unexpected illness or injury.
Creating an Enduring Power of Attorney can give you peace of mind, knowing that your affairs will be handled by someone you trust if you’re unable to make decisions for yourself.
The LifeDocs Enduring Power of Attorney (Victoria) allows you to make choices about the following:
- Who you want to appoint as your attorney(s) to make decisions on your behalf
- What types of decisions you authorise your attorney(s) to make (financial, personal, or both)
- When you want the power of attorney to take effect
- Any specific instructions or limitations on your attorney’s powers
- Whether you want to appoint alternative attorneys in case your first choice is unable to act
If these options meet your needs for an Enduring Power of Attorney in Victoria, that’s great! You can start creating your LifeDocs Enduring Power of Attorney (Victoria) whenever you’re ready.
Please consider your situation and requirements carefully. If you’re unsure about what you need in your Enduring Power of Attorney or have complex financial or personal affairs, it may be best to consult with a legal professional.
Once you have finished preparing the LifeDocs Enduring Power of Attorney (Victoria), you will be able to download your ready-to-sign custom document as a PDF. We will also email you a copy of your LifeDocs Enduring Power of Attorney (Victoria) to the email address you provide.
You should consider updating your LifeDocs Enduring Power of Attorney (Victoria) when your circumstances change significantly. Such circumstances include:
- Your relationship status changes through marriage, divorce, or separation
- You move to a different state or country
- Your financial situation changes substantially, such as acquiring or selling significant assets
- Your health condition changes, potentially affecting your decision-making capacity
- The person you’ve appointed as your attorney becomes unavailable, passes away, or you no longer trust them to act on your behalf
- You want to change the scope of authority granted to your attorney
- Your preferences for personal or financial decisions have changed
- There are changes in Victorian laws affecting enduring powers of attorney
- You wish to add or remove specific instructions or limitations on your attorney’s powers
Regularly reviewing and updating your Enduring Power of Attorney ensures it remains current and continues to reflect your wishes and circumstances. If you’re unsure whether changes in your life warrant an update, consider consulting with a legal professional for advice.
The attorney’s role in the LifeDocs Enduring Power of Attorney (Victoria) is to make financial and/or personal decisions on behalf of the principal (the person who created the document) when they are unable to do so themselves due to loss of decision-making capacity.
Generally, the attorney will be a trusted family member or close friend of the principal, but in some instances, a lawyer, accountant, or other professional might be appointed to undertake this role.
The attorney’s responsibilities may include:
- Managing the principal’s financial affairs, such as paying bills, managing investments, and handling property matters
- Making personal decisions about the principal’s lifestyle, including where they live and what services they receive
- Acting in the best interests of the principal at all times
- Keeping accurate records of all transactions and decisions made on behalf of the principal
- Avoiding conflicts of interest and not using their position for personal benefit
Alternative attorneys may be appointed in the document to step in if the primary attorney is unable or unwilling to act. They would assume the same responsibilities as the primary attorney if called upon to serve in this role.
It’s important to note that unlike an executor’s role under a Will which begins after a person’s death, an attorney’s role under an Enduring Power of Attorney may commence while the principal is still alive, typically when they lose capacity to make decisions for themselves.
To ensure your LifeDocs Enduring Power of Attorney (Victoria) is valid, you and two independent adult witnesses will need to sign the document in front of each other.
In Victoria, specific witness requirements apply:
- One witness must be authorised to witness affidavits. This could be a doctor, justice of the peace, a lawyer, or a police officer
- The other witness can be any adult who is not your attorney or a relative of your attorney
- Neither witness can be the person you’re appointing as your attorney or an alternative attorney
- Your witnesses must be present when you sign and must sign the document immediately after you
It’s essential that your witnesses are not benefiting from the power given in the document, as this could invalidate it.
Every LifeDocs Enduring Power of Attorney (Victoria) includes an instruction page with further details on how to have your document properly witnessed to ensure its validity. Make sure to follow these instructions carefully to create a legally binding document.
The Statement of Acceptance is an important component of the LifeDocs Enduring Power of Attorney (Victoria). This statement serves several crucial purposes:
1. Formal Acceptance: It provides a formal means for the appointed attorney to officially accept their role and responsibilities as outlined in the Enduring Power of Attorney document.
2. Legal Acknowledgment: By signing this statement, the attorney acknowledges that they understand the legal implications and duties associated with their appointment.
3. Commitment to Responsibilities: The attorney confirms their willingness to act in accordance with the powers granted to them in the document.
4. Understanding of Obligations: It ensures that the attorney is aware of their obligations under Victorian law, including acting in the best interests of the principal (the person who created the power of attorney).
5. Confirmation of Eligibility: The attorney confirms that they meet the legal requirements to act in this capacity (e.g., they are over 18 and not insolvent).
6. Awareness of Limitations: The attorney acknowledges any specific limitations or conditions placed on their powers by the principal in the document.
7. Record of Acceptance: It provides a clear record that the attorney has agreed to take on this role, which can be important for legal and practical purposes.
8. Timing of Powers: The attorney confirms their understanding of when their powers come into effect, as specified in the document.
9. Accountability: By signing, the attorney acknowledges that they can be held accountable for their actions while acting in this role.
10. Legal Protection: It helps protect the principal by ensuring the attorney has formally agreed to their responsibilities before assuming any powers.
This statement is typically included at the end of the Enduring Power of Attorney document. The attorney should read it carefully before signing, as it outlines their legal obligations and the seriousness of the role they are undertaking. If the attorney has any questions or concerns about their responsibilities, they should seek legal advice before accepting the appointment.
Once you’ve created your LifeDocs Enduring Power of Attorney (Victoria) and had it properly signed and witnessed, you should carefully consider where to store the original document for safekeeping.
You should inform the person(s) you’ve appointed as your attorney(s) that you’ve made this document and where it’s stored. It’s also wise to notify close family members or trusted friends about its existence and location.
Consider providing a copy of your completed LifeDocs Enduring Power of Attorney (Victoria) to your appointed attorney(s). However, make sure they understand that they can only act on your behalf when the circumstances specified in the document arise.
Remember to keep the original document in a place where your attorney(s) can access it if needed, as they may be required to produce the original to act on your behalf.
It’s also a good idea to keep a list of important documents, including your Enduring Power of Attorney, and their locations with your personal papers.