Power of Attorney Lawyer Melling Legal can help you with the four types of Powers of Attorney used in Victoria:

• General Power of Attorney which appoints someone to make financial and legal decisions on your behalf for a specific period of time, for example, if you are overseas and need someone to manage your financial affairs while you are away.

• Enduring Power of Attorney (Financial and / or Personal matters), which is used to appoint someone to make legal and financial decisions for you and is also used to appoint someone to make personal and lifestyle decisions for you.

• Enduring Power of Attorney (Medical Treatment), which is used to appoint someone to make medical treatment decisions on your behalf if you cannot make them yourself.

Who can make a Power of Attorney?

Anyone over the age of 18 who has the capacity to understand the nature and consequences of the document, who makes the decision to sign the document of their own free will.

When should I make a Power of Attorney?

Before you need them!  These documents safeguard your interests in the event of something unforeseen – an accident or illness that robs you of your capacity to make decisions for yourself. It is better to be prepared and confident in knowing that the person you choose will be making important decisions about your money, your living arrangements and your health.

When does it start?

An Enduring Power of Attorney (for Financial and / or Personal matters) begins when you nominate that it should, but if you do not specify otherwise, it will come into effect as soon as it has been validly signed.

The Power of Attorney (Medical Treatment) only commences when you are unable to make your own decisions with respect to your medical treatment.

Who should I appoint to be my Attorney ?

You need to appoint someone your trust to make the right decisions. With a General Power of Attorney and an Enduring Power of Attorney you can appoint more than one person to make decisions.

What are the legal responsibilities of my Attorney?

They are legally responsible to you and must act in your best interests. They cannot give gifts to themselves or to anyone else unless you specifically authorise this and they must keep their finances and money separate from yours, keeping accurate records of all of their dealings with your money.

It’s really important that you discuss these documents with a lawyer who can give you professional advice about your particular circumstances.

Contact us to find out more or to arrange an appointment.