In this guide(8 sections)
Nobody likes thinking about a day when they might not be able to manage their own affairs — it's an uncomfortable thing to sit with, and it's completely understandable if you've been putting it off. But here's the gentle truth: putting an Enduring Power of Attorney in place is one of the kindest, most practical things you can do for the people you love, so they're never left scrambling or fighting over decisions during a crisis. In plain terms, it lets you choose — in advance — the person you trust to make decisions for you if illness or injury ever leaves you unable to. A will looks after things after you die; this looks after you while you're alive. Here's how it works in Victoria, in plain English — and if any of it feels uncertain or overwhelming, that's normal, and Elisa is here to help. Just fill in the enquiry form and she'll call you back.
At a glance — Enduring Power of Attorney in Victoria
| What it does | Lets someone you trust make decisions for you if you lose capacity |
| The law | Powers of Attorney Act 2014 (Victoria) |
| Two kinds of decisions | Financial matters, and personal matters (where you live, services you receive) |
| "Enduring" | Means it keeps working even after you lose the ability to decide for yourself |
| Medical decisions | Covered by a separate document — a Medical Treatment Decision Maker |
| When you can make one | Only while you still have decision-making capacity |
| Without one | Your family may have to apply to VCAT to be appointed — slow, public, stressful |
| Can you cancel it? | Yes, any time while you still have capacity |
What is an Enduring Power of Attorney, in plain English?
It's a document where you (the "principal") appoint one or more people you trust (your "attorney" — it doesn't have to be a lawyer; it's usually a partner, adult child or close friend) to step in and make decisions for you.
The word "enduring" is the key. An ordinary power of attorney stops working the moment you lose capacity — which is exactly when you'd need it most. An enduring one keeps working through that, which is the whole point: it's there for a stroke, a serious accident, dementia, or any situation where you can't manage your own affairs for a while or for good.
You can give your attorney power over:
- Financial matters — paying bills, managing bank accounts, dealing with your property, handling your tax. You can make this start straight away, or only "if and when" you lose capacity.
- Personal matters — decisions about where you live, who you live with, and the services and support you receive.
You decide which of these you're handing over, and you can limit or add conditions to the powers however you like.
Talk it through with Elisa — book a free chat → | Call 03 4328 5084
The three documents people mix up
There are actually three separate things, and it helps to know which is which:
- Enduring Power of Attorney — financial and personal decisions (this guide).
- Medical Treatment Decision Maker — a separate appointment, under different Victorian law, for medical decisions if you can't make them. An Enduring Power of Attorney does not cover medical treatment, so most people put both in place together.
- Supportive Attorney — for someone who can still make their own decisions but wants formal help gathering information and giving effect to their choices.
Most people setting up their affairs do the Enduring Power of Attorney and the Medical Treatment Decision Maker at the same time as their will and broader estate plan — it's efficient, and it means nothing's left to chance.
Why it matters — what happens if you don't have one
This is the part people don't see coming. If you lose capacity without an Enduring Power of Attorney in place, nobody automatically has the right to step in — not even your spouse or your children. To get the authority to manage your finances or make personal decisions, your family has to apply to VCAT (the Victorian Civil and Administrative Tribunal) to be appointed as your administrator or guardian.
That process is slow, public, and stressful — at exactly the moment your family is already coping with a health crisis. And the tribunal, not you, decides who's appointed and on what terms. An Enduring Power of Attorney avoids all of that, because you've already chosen, in advance, on your terms.
How to set one up — step by step
Step 1 — Decide what powers to give, and when they start.
Financial, personal, or both. And for financial powers, whether they start immediately or only once you lose capacity.
Step 2 — Choose your attorney (and a backup).
Pick someone you genuinely trust to act honestly and in your interests. It's worth naming an alternate attorney too, in case your first choice can't act when the time comes. You can appoint more than one person and say whether they must act together, or can act separately.
Step 3 — Complete the document.
Victoria has a prescribed form under the Powers of Attorney Act 2014. The wording, conditions and limitations need to be right — this is where having it prepared properly pays off.
Step 4 — Sign it correctly.
This is where do-it-yourself versions most often fail. The document must be signed and witnessed by two adults, one of whom must be authorised to witness statutory declarations (such as a lawyer). Your attorney can't be a witness. Get the signing wrong and the whole document can be invalid — usually discovered at the worst possible moment.
Step 5 — Your attorney formally accepts.
Your chosen attorney signs a statement accepting the role and its responsibilities before they can act.
Not sure you've got it right? This is exactly the kind of thing worth having checked — an invalid Enduring Power of Attorney is worse than none, because everyone relies on it until they suddenly can't. Elisa prepares these properly as a matter of routine. Fill in the form and she'll sort it out with you. The first conversation is free.
Choosing the right attorney
Your attorney will potentially control your money and your living arrangements, so the choice matters more than the paperwork. Good questions to ask yourself:
- Do I trust this person completely to act honestly and in my interests?
- Are they organised, and will they actually keep good records?
- Will they be comfortable making hard decisions, and standing up to family pressure if needed?
- Is there anyone whose involvement might create a conflict of interest?
Your attorney has real legal duties: to act honestly and with care, in your best interests, to keep their money separate from yours, to keep records, and to avoid conflicts. Those duties are there to protect you.
When it starts, when it stops
- Starts: financial powers can begin immediately or only on loss of capacity (your choice); personal-matters powers only ever operate once you can't make the decision yourself.
- Stops: it ends when you die (your will takes over from there), if you revoke it while you still have capacity, or if a court or VCAT cancels it.
- Cancelling: you can revoke it any time while you have capacity — for example if your relationship with the attorney changes.
Frequently asked questions
What's the difference between a will and an Enduring Power of Attorney?
A will only takes effect after you die — it deals with your assets. An Enduring Power of Attorney works while you're alive but unable to make decisions. They do completely different jobs, and most people need both.
Does an Enduring Power of Attorney cover medical decisions?
No. Medical decisions are handled by a separate document — a Medical Treatment Decision Maker appointment under different Victorian law. Most people put both in place at the same time so every kind of decision is covered.
What happens if I lose capacity without one?
Nobody automatically has authority — not even your spouse. Your family would have to apply to VCAT to be appointed your administrator (finances) or guardian (personal decisions), which is slow, public and stressful. An Enduring Power of Attorney avoids that entirely.
Who should I appoint as my attorney?
Someone you trust completely to act honestly and in your interests — usually a partner, an adult child or a close friend. They don't need to be a lawyer. It's wise to name a backup attorney as well.
Can I appoint more than one person?
Yes. You can appoint several attorneys and choose whether they must make decisions together ("jointly") or can act on their own ("jointly and severally"). You can also appoint alternates.
When does it start working?
For financial matters, you choose — straight away, or only if and when you lose capacity. Powers over personal matters only operate once you're unable to make the decision yourself.
Can I cancel or change it later?
Yes, at any time while you still have decision-making capacity. If your circumstances or relationships change, you can revoke the old one and make a new one.
Do I need a lawyer, or can I just download the form?
You can use the form yourself, but the signing and witnessing rules are strict, and an invalid Enduring Power of Attorney is worse than none — because everyone relies on it until the moment they can't. Having it prepared and witnessed properly is inexpensive insurance against a document failing when your family needs it most.
What does it cost?
An Enduring Power of Attorney is usually prepared alongside your will and Medical Treatment Decision Maker as part of an estate-planning package — it's far cheaper done together than separately. We set the fee out for you in writing before any work starts, after a free initial consultation.
Written and reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Admitted to legal practice in Victoria. Wills, estates and family law in Melbourne since 2012.Last reviewed 31 May 2026.
This guide is general information about Victorian wills and estate planning, not legal advice for your specific situation. For advice on your matter, book a free initial consultation.