Most people come to me about powers of attorney for one of two reasons. Either they are quietly getting their own affairs in order — often after a health scare, or watching a parent's decline made it feel real — or a parent or partner has already lost capacity and the family is unsure who can lawfully act. Both situations are manageable, and neither needs to be frightening. My job is to tell you in plain English which documents you actually need, what each one does, and what happens if they are not in place.
The three documents that make up a complete plan
A complete plan in Victoria is made up of three appointments, each governed by its own Act. An enduring power of attorney, made under the Powers of Attorney Act 2014 (Vic), lets you appoint someone to make financial and personal (lifestyle) decisions for you, and crucially it continues to operate if you later lose capacity. A medical treatment decision maker, appointed under the Medical Treatment Planning and Decisions Act 2016 (Vic), covers medical decisions if you cannot make them yourself. An advance care directive, under the same Act, records the treatment you do — and do not — want.
These are usually prepared alongside your will, as one coordinated package, so the whole picture is consistent. A will only takes effect when you die; powers of attorney are what protect you while you are alive but unable to decide for yourself. People often have the first and not the second, which is exactly the wrong way around in an emergency.
Enduring vs general power of attorney — the difference that matters
A general (non-enduring) power of attorney ends the moment you lose capacity — which is precisely when families assume it starts working. An enduring power of attorney is the one that endures through incapacity, and it is the document that actually protects you. This single distinction is the most common and most expensive misunderstanding I see.
An enduring power of attorney in Victoria must be signed in front of two witnesses, one of whom is authorised to witness statutory declarations (for example a lawyer, pharmacist or police officer), and your appointed attorney cannot be a witness. Getting the execution right is what makes the document valid when it is finally relied on — often years later.
When there is no power of attorney: VCAT guardianship and administration
If someone loses capacity without a valid enduring power of attorney in place, the family cannot simply step in. An application has to be made to the Victorian Civil and Administrative Tribunal (VCAT) under the Guardianship and Administration Act 2019 (Vic). VCAT can appoint a guardian to make personal and lifestyle decisions, and an administrator to manage finances. It may appoint a family member — or, where there is conflict, an independent professional or the public bodies (the Office of the Public Advocate or State Trustees).
This route works, but it is slower, public, ongoing (administrators report annually), and entirely avoidable with a half-hour appointment while capacity is intact. If a relative has already lost capacity, I can help you prepare and run the VCAT application; if they still have capacity, the kinder and cheaper path is almost always to put the enduring documents in place now.
How I handle a powers of attorney & guardianship matter
- 1Free initial conversation about your situation and who you would appoint
- 2Plain-English explanation of each document and what it does
- 3Drafting of your enduring power of attorney, medical decision maker and advance care directive — usually with your will
- 4Correct witnessing and execution so the documents are valid when relied on
- 5Where capacity is already lost, preparation and conduct of the VCAT application
Frequently asked questions
What is an enduring power of attorney in Victoria?
An enduring power of attorney in Victoria is a document, made under the Powers of Attorney Act 2014 (Vic), that appoints someone to make financial and personal (lifestyle) decisions for you. Unlike a general power of attorney, it continues to operate if you lose decision-making capacity — which is the situation it is designed to protect against.
What happens if someone loses capacity without a power of attorney?
If a person in Victoria loses capacity without a valid enduring power of attorney, the family must apply to VCAT under the Guardianship and Administration Act 2019 (Vic) to have a guardian and administrator appointed. VCAT, not the family, then decides who is appointed — which is slower and more public than putting an enduring power of attorney in place beforehand.
Who can witness an enduring power of attorney in Victoria?
An enduring power of attorney in Victoria must be witnessed by two people, one of whom is authorised to witness statutory declarations (such as a lawyer, pharmacist, doctor or police officer). The person being appointed as attorney, and their relatives, cannot act as a witness. Incorrect witnessing is a common reason these documents fail when they are finally needed.
How much does a power of attorney cost?
At Fogarty Oliver Rothschild the initial consultation is free, and powers of attorney are usually prepared as part of an estate-planning package with your will rather than priced as a standalone item. I give you a fixed, written cost estimate before any work begins under the Legal Profession Uniform Law, so there are no surprises.
Reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Admitted to legal practice in Victoria. Last reviewed 2026-06-21.
This page is general legal information about powers of attorney & guardianship in Victoria, Australia. It is not legal advice for your specific situation. For advice on your matter, book a free initial consultation.