Planning for the future means having more than just a Will. It also includes appointing the right people to make decisions in the event of an unexpected occurrence.
In Victoria, two key legal roles help protect your interests: the Enduring Power of Attorney and the Medical Treatment Decision Maker Appointment (often referred to as a ‘Medical Power of Attorney’).
Illness and accidents can strike at any age, and without the proper legal arrangements, families are often left scrambling in times of crisis. That’s why more Victorians are making these appointments a core part of their estate planning.
What Is an Enduring Power of Attorney?
An Enduring Power of Attorney (EPOA) lets you appoint someone you trust to manage your financial and legal affairs if you lose capacity. This could include paying your mortgage, managing superannuation, or signing documents on your behalf.
A 2024 report from the Australian Human Rights Commission revealed that more than 60% of Australians haven’t formalised their financial decision-making authority, putting them at risk of delays and legal battles in emergencies.
Your attorney can act immediately (if you allow) or only after you lose capacity. You can also place conditions around how and when they act. It’s flexible, but legally binding.
What Is a Medical Treatment Decision Maker Appointment?
In Victoria, medical decisions aren’t handled by your financial attorney. They’re handled by someone you appoint separately: your
This person is legally allowed to make decisions about your healthcare and lifestyle if you’re unable to do so. That includes surgery, medication, or palliative care. The appointment is made through a document called a Medical Treatment Decision Maker Appointment. You can also prepare an Advance Care Directive – a document which you complete with your GP or other health care provider with more specific health care instructions.
It’s important to understand that this role only becomes active once a doctor determines that you no longer have decision-making capacity.
Why You Need Both Appointments
These two roles do very different things. Your Enduring Power of Attorney manages your finances and legal matters. Your Medical Treatment Decision Maker handles health and care decisions. They are legally separate and should be part of every complete estate plan.
If you don’t appoint anyone, the Victorian Civil and Administrative Tribunal (VCAT) may need to step in and decide who can act for you. This process is often stressful, time-consuming and emotionally draining for families.
What Happens Without Proper Appointments?
Emma, a 42-year-old business owner in Victoria, was in a car accident and unconscious for several weeks. She had never appointed an attorney or medical decision maker. Her husband couldn’t access business funds or approve her treatment plan without seeking approval from VCAT, delaying both her recovery and business continuity.
Situations like this are common. Yet with a few simple documents, they can be completely avoided.
When Should You Set These Up?
The best time is before you need them. You must have the capacity to make these decisions, so they need to be done early. Key times to review or create these documents include:
- Starting a new business
- Marriage or separation
- The birth of children
- The death of a spouse
- Diagnosis of illness
- Retirement planning
- Buying property
Is a Power of Attorney More Powerful Than a Medical Decision Maker?
No. Each role has its own authority. A financial attorney can’t make medical decisions and a Medical Treatment Decision Maker can’t manage your finances. The law keeps these responsibilities separate to protect your rights.
How Bayside Wills and Estates Can Help
We specialise in preparing these documents clearly and correctly. Our team will explain the differences, guide you through your choices, and help you appoint people you trust, all while ensuring your documents meet the legal requirements in Victoria.
We also make sure your Power of Attorney and Medical Treatment Decision Maker are tailored to your life, your values, and your future plans. No templates. No confusion. Just practical legal protection.
Take Control of Your Future Today
Don’t wait for a crisis to highlight the gaps in your estate plan. Book a consultation with Bayside Wills and Estates to get the right legal framework in place for your financial and medical well-being.
To get started, contact Bayside Wills and Estates on (03) 9592 2848Â or click here to book a consultation.
