A Power of Attorney is a legal document that allows you (the principal) to appoint another person (the attorney) to make decisions on your behalf regarding financial, legal, or personal matters. This arrangement ensures that your affairs are managed according to your wishes if you become unable to make decisions yourself.

In Victoria, there are three main types of Powers of Attorney:

• General (Non-Enduring) Power of Attorney: Authorises the attorney to make decisions on your behalf for a specified period or purpose. It becomes invalid if you lose decision-making capacity.
• Enduring Power of Attorney: Allows the attorney to make financial and/or personal decisions on your behalf and continues to be effective even if you lose decision-making capacity.
• Supportive Power of Attorney: Appoints an attorney to support you in making and implementing your own decisions, without transferring decision-making authority.

An Enduring Power of Attorney is a legal document that enables you to appoint someone to make financial and/or personal decisions on your behalf. The term 'enduring' signifies that the authority remains valid even if you lose the capacity to make decisions in the future.

Any individual aged 18 years or older with decision-making capacity can create a Power of Attorney. Decision-making capacity means the ability to understand, retain, and use information relevant to a decision, and to communicate that decision effectively.

You should appoint someone you trust implicitly, who understands your values and preferences, and is willing and able to act in your best interests. This person should be reliable, capable of managing the responsibilities involved, and likely to be available when needed.

The scope of decisions your attorney can make depends on the type of Power of Attorney:

• Financial Matters: Managing bank accounts, paying bills, buying or selling property, and handling investments.
• Personal Matters: Deciding on living arrangements, access to support services, and other personal or lifestyle choices.

It's important to specify the extent of your attorney's powers in the document.

The commencement of a Power of Attorney depends on your specifications:

• Immediate Effect: The attorney's powers begin as soon as the document is executed.
• Specified Date or Event: The powers commence on a particular date or upon the occurrence of a specified event, such as your loss of decision-making capacity.

Clearly stating your intentions in the document is crucial.

Yes, as long as you have decision-making capacity, you can revoke a Power of Attorney at any time. The revocation must be documented in writing and communicated to the attorney and any relevant parties. It's advisable to seek legal advice to ensure the revocation is executed properly.

The witnessing requirements vary based on the type of Power of Attorney:

• General (Non-Enduring) Power of Attorney: No legal requirement for witnessing unless the principal is unable to sign; in such cases, two independent adult witnesses are needed.
• Enduring Power of Attorney: Requires two independent adult witnesses, one of whom must be an authorised witness (e.g., a Justice of the Peace or registered medical practitioner). Witnesses cannot be relatives of the principal or attorney, or individuals involved in the principal's care or accommodation.

If you don't have a Power of Attorney and lose the capacity to make decisions, the Victorian Civil and Administrative Tribunal (VCAT) may appoint an administrator or guardian to make decisions on your behalf. This process can be time-consuming and may result in someone being appointed who doesn't fully understand your preferences.