A Will covers what happens to your assets after you die. But a plan for incapacity while alive is just as important. Without it, you risk losing control of your affairs and may face court intervention.
At Bayside Wills & Estates, we regularly work with people who think they’re too young or healthy to worry about planning for what would happen if they lost capacity.
Unfortunately, life doesn’t wait for paperwork. If you’re not prepared, your family might not have the authority to act in line with your wishes.
Your Will Doesn’t Cover What Happens If You Lose Capacity
Your Will only takes effect after death. If illness or injury prevents you from making decisions, you need separate legal documents so someone you trust can step in.
In Victoria, these documents include:
- Enduring Power of Attorney (EPOA) — for financial and personal decisions
- Appointment of Medical Treatment Decision Maker (MTDM) — for health care decisions
If you haven’t made these arrangements, your family members may need to apply to the Victorian Civil and Administrative Tribunal (VCAT) for help. VCAT may appoint a Public Trustee or Guardian — someone you didn’t choose, who could end up making decisions you wouldn’t.
If you live outside Victoria, your medical decision-maker may be referred to as an Enduring Guardian, Advance Care Directive, or Enduring Power of Guardianship. In the ACT and Queensland, medical decisions are included under your EPOA.
Why People Avoid Planning for Incapacity
“It’s Too Soon to Worry About That”
Most people are busy with work, kids, property, and business. Incapacity planning drops to the bottom of the list — until a sudden accident or illness makes it urgent.
“It’s Too Awkward to Decide”
Choosing one decision-maker can feel contentious, especially in blended families. But dodging this process just leaves a legal vacuum and more conflict later.
“It’s All Too Complicated”
Preparing for incapacity can feel overwhelming. But you need to decide who can act if you lose the ability to do so, especially if you have a business, trust, or investments.
Without clear authority, no one can access accounts, sign contracts, or run operations. This can disrupt your business and create financial risk.
The Risk for Business Owners
If you run a business, incapacity doesn’t stop your obligations. Without an EPOA:
- Employees may not be paid
- Contracts can’t be signed
- Loans can’t be refinanced
- Financial decisions may be delayed or made by someone unfamiliar with your business
You can avoid these with the right documents.
Stay in Control, Even if Life Throws a Curveball
Appointing an Enduring Power of Attorney and Medical Treatment Decision Maker ensures:
- You choose who makes decisions on your behalf
- Your preferences are known and respected
- Your family avoids costly, time-consuming legal processes
- Your business and finances stay protected
We’ll help you put the right documents in place, tailored to your values and situation, with clear advice at every step.
Don’t Wait for a Crisis; Plan for Incapacity
A plan for incapacity protects your family and finances from delays, legal intervention, and the stress of guessing your wishes.
Your Will alone won’t protect your affairs; you need an EPOA and MTDM to cover all bases.
Now you know what’s at stake if you fail to plan for incapacity. The next step is to book a consultation and put safeguards in place.
We help professionals, business owners, and families around the Bayside suburbs of Melbourne and beyond protect their future with tailored estate planning, including EPOA and MTDM appointments.
Contact Bayside Wills & Estate today to make sure your wishes are respected, whatever life brings.
