Enduring Powers of Attorney in Bayside: Trusted Legal Guidance
Enduring Powers of Attorney
Securing Your Future Today, Protecting Your Wishes Tomorrow
Enduring POA
Life has a habit of taking unexpected twists and turns. Enduring Powers of Attorney allow you to choose a trusted person to manage your financial and personal affairs — if you are unable to do so yourself.
At Bayside Wills and Estates Lawyers, we help you stay in control, even when facing uncertainty. Considerately and respectfully, we’ll work closely with you to create legally sound documents that reflect your individual requirements and wishes — delivering the reassurance you and your loved ones need.
What Is an Enduring Power of Attorney?
An Enduring Power of Attorney (EPOA) is a legal document that allows you to appoint another person to ensure your wishes are respected and followed — even if you’re incapable of making decisions yourself. The document states the name of the appointed person (Attorney) who will manage your financial and personal affairs, and the extent of their powers.
Your Attorney can handle a range of matters — from paying your bills and managing investments to making decisions about your living arrangements and the support services you receive. It’s your choice what your nominated Attorney can and cannot do.
By creating an Enduring Power of Attorney now, you’re ensuring your life choices are respected and your affairs managed by someone you trust. This powerfully proactive step prevents unwanted court or state tribunal involvement — giving you welcome control over your future.
Make Sure Your Wishes Are Honoured Whatever Life Throws at You — Contact Us Today
Enduring Power of Attorney and Power of Attorney Options
Generally speaking, there are four types of Power of Attorney — depending on your specific circumstances, preferences, and needs.
Who Can Make an Enduring Power of Attorney?
To make an Enduring Power of Attorney in Victoria, you have to be 18 years or older. You must also have the decision-making capacity to understand the proposed document and grasp its full implications.
Decision-making capacity means you:
- Know the facts — you understand the information needed for the EPOA.
- Know your choices — you’re aware of all the options available.
- Know the consequences — you understand the significance of your choices.
- Can express your wishes — you can clearly communicate your decision.
Taking early action is essential because you need this capacity to create a legally enforceable EPA Power of Attorney. None of us know when illness, injury, or dementia could affect our ability to make choices. Leave it too late, and the court may determine who should make the decisions for you.
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What Is Your Attorney Allowed To Do?
It’s your document, therefore your decision!
You decide the scope of your Attorney’s powers. In Victoria, they can be allowed to make decisions about:
- Financial matters — like paying bills, managing your investments, or purchasing or selling property.
- Personal matters — such as deciding on where you live and the support services you receive.
However, despite the broad scope of an Enduring Power of Attorney, your appointed person is not allowed to make decisions or choices about your medical treatment. Instead, you need to arrange a Medical Treatment Decision Maker Appointment — this replaced the Enduring Power of Attorney Medical Treatment in March 2018.
When Do Enduring Powers of Attorney Start?
Many people worry that Enduring Powers of Attorney means giving up total control over their lives immediately. They think once they sign the document, they’re relinquishing their freedom. In fact, it’s the complete opposite.
Enduring Powers of Attorney means your voice, decisions, and choices are heard — whatever life throws at you. It’s empowering and reassuring, knowing that your wishes will be respected — even if you cannot later communicate them directly.
Furthermore, you decide when the document takes effect:
- Straight away — once witnessed and signed, the EPOA begins. Your Attorney acts on your behalf, even if you still have cognitive ability.
- When you lose capacity — the Enduring Powers of Attorney only start when you can’t make decisions yourself. If you wish, you can state that a particular medical assessment should be completed to prove your loss of capacity.
Enjoy the Reassurance of Being in Control — Arrange Your Enduring Powers of Attorney TODAY
The Legal Duties of Your Attorney
Your Attorney takes on serious responsibilities, outlined in law, to protect your best interests. Their obligations include:
- Prioritising your choices — making decisions that match your values and opinions, acting as they believe you would act.
- Responsible management — looking after your affairs carefully and diligently and keeping records.
- Avoiding conflicts of interest — for example, keeping your money completely separate from their own.
- Integrity — acting transparently, ethically, and honestly.
- Collaboration — working smoothly and willingly with other partners, like a Medical Treatment Decision Maker.
- Respecting your freedom — making decisions that give you as much autonomy as possible.
- Promoting participation — supporting you in making decisions where you can and involving you in the community.
- Protection from danger — defending you from exploitation, neglect, or abuse.
- Respecting the EPOA — following the powers, start date, and restrictions stated in the Power of Attorney document.
At Bayside Wills and Estates Lawyers, we’re here to guide and advise you and your prospective Attorney through the responsibilities of an Enduring Power of Attorney. This is a significant decision — and we’ll give you the support and information you need to choose the right person.
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Who Should Be Your Attorney?
Who you choose to be your Attorney is crucial. Remember, this person will make important decisions about your wellbeing and finances. Your appointed person can be almost anyone you wish, as long as they are 18 years of age or older. Typically, they are a:
- Family member — often a spouse, sibling, or an adult child.
- Friend — a long-term ally or confidante whom you trust.
- Professional — like an accountant or solicitor.
Qualities To Look For in Your Attorney
- Trustworthiness — having your best interests at heart and willing to follow your wishes.
- Responsibility — someone with solid judgement, care, and diligence.
- Understanding — grasps the duties involved and the possible time commitment.
- Respect — aware of your values, religion, beliefs and wishes, and determined to stick to them.
- Financial experience — particularly if they are handling complex investments.
- Organisation — able to keep in-depth records of financial transactions.
If you wish, you can nominate more than one Attorney — they can act independently, or jointly, or have specific areas of responsibility if appropriate. This is often advisable, as it means if one of the Attorneys dies, your affairs aren’t handed to the State tribunal, such as VCAT (the Victorian Civil and Administrative Tribunal).
How To Create a Power of Attorney
1
You must complete an Enduring Power of Attorney form
Although we strongly advise against using forms that can be downloaded off the internet. It’s important to appreciate that Powers of Attorney are complex legal documents that have become even more complicated recently. You need legal advice to:
- Ensure validity.
- Understand your options and EPOA inclusions.
- Protect your interests.
- Avoid mistakes.
- Gain reassurance from a legally sound document.
2
Your EPOA must be witnessed by two people
One of which must be a special witness, that is:
A doctor, or
A lawyer, or
Someone qualified to sign affidavits.
3
And, your nominated Attorney must also sign the form
Which confirms they willingly accept the role.
Can I Cancel or Change My Enduring Power of Attorney?
Definitely, you are in total control — as long as you still have decision-making capacity.
Why You Might Consider Cancelling or Changing Your EPOA
- Losing trust in your Attorney — if relationships sour or you begin to doubt their commitment.
- Circumstances change — maybe your Attorney no longer feels comfortable with the role, or they move to a different state.
- Better options — perhaps you find someone who you feel will better respect your wishes.
- Attorney incapacity — if your appointee gets dementia, or dies.
How To Revoke Your Enduring Power of Attorney
- Write to your Attorney — tell them you are cancelling their position, stating the date this takes effect.
- Inform other important parties — such as banks or organisations that might be dealing with your Attorney.
If you’re thinking about changing or cancelling your EPOA — speak to us immediately. There must be a smooth transition between revoking a defunct EPOA and creating a new one. Get it wrong, and you could be without a legal document — meaning should the worse happen, VCAT will be in charge of who manages your affairs.
Don’t Leave Yourself Unprotected!
What Are the Risks of Not Creating an Enduring Power of Attorney?
Without an Enduring Power of Attorney (EPOA) — you could face worrying and considerable uncertainties if you lose capacity due to illness, accident, or dementia.
The consequences of not having an EPOA can include:
- The state tribunal manages your affairs — your family must apply to VCAT to be appointed as your legal administrator.
- Losing control — the court could appoint someone unacceptable to you as the Attorney, but you cannot object.
- Failure to have your wishes followed — the court-appointed Attorney may make decisions and choices that would be different to yours.
- Financial issues — delays in arranging an Attorney can mean bills aren’t paid or important decisions are not made.
- Stress for your family — no Enduring Power of Attorney means your loved ones have the work and worry of pursuing legal processes.
- Family disputes – if you do not make your wishes clear, confusion and disputes can arise among family members.
You’re Putting Yourself, Your Wishes, and Your Family at Risk Without an EPOA — Call Us NOW
Protecting Your Future With Our Expertise
It can be difficult to think of a time when you find it tough or impossible to make decisions yourself. But, by taking action today, you receive immense peace of mind — knowing that your wellbeing will be attended to and your wishes followed, and only if the worst comes to pass.
At Bayside Wills and Estates Lawyers, we will compassionately take you through the whole journey. We give you guidance and advice on choosing the right Attorney, outlining the extent of their powers, and ensuring your Enduring Power of Attorney is legally sound and tailored to your requirements.
We Commit To…
Drafting your Enduring Power of Attorney — tailored to your needs, wishes, and circumstances.
Explaining your options — giving you informed choices about your EPOA.
Advising on Attorney choice — helping you select the best person for your needs.
Reviewing your existing EPOA — we will happily look at your current Enduring Power of Attorney to check it meets your requirements.
Answering your questions or concerns — with honesty and compassion.
Giving you reassurance — knowing your wellbeing is safeguarded, should the worst happen.
Providing expert guidance — a legal team proficient in EPOAs.
Giving clear communication — Enduring Powers of Attorney explained in clear language.
Reassurance — safeguarding your Will against disputes.
Understanding advice — considerate guidance for emotional matters.
Powers of Attorney FAQs
Since March 2018, this Power of Attorney is no longer current in Victoria — replaced by the Medical Treatment Decision Maker Appointment. It allows a nominated person to make choices regarding your medical care, if you are unable to make decisions for yourself.
An Enduring Power of Attorney generally gives the Attorney the authority to address financial and legal decisions on your behalf. An EPOA can also address personal wellbeing issues, such as where you reside and the care and support you receive. The Medical Treatment Decision Maker Appointment covers decisions about what health care you receive.
A standard or General Power of Attorney finishes when you lose the decision-making ability. Typically, it’s used for a specified period or for a specific transaction. An Enduring Power of Attorney remains active even if you lose cognition, allowing your Attorney to continue acting on your behalf.
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