Power of Attorney
Do you require:
Enduring Power of Attorney
An Enduring Power of Attorney is a legal document that lets you appoint someone (usually a family member) to make decisions about your personal and/or financial matters. This person is called an attorney.
The power endures - or continues - if and when you are legally unable to make decisions for yourself.
You can make an enduring power of attorney if you are aged 18 years or older and have decision-making capacity to do so.
Your attorney cannot make medical treatment decisions for you unless they are also your Medical Treatment Decision Maker.
What happens if you don't make an enduring power of attorney?
If you don’t appoint anyone, and are unable to make a decision when it needs to be made, the Victorian Civil and Administrative Tribunal (VCAT) can appoint someone to make the decision, such as the Public Advocate or a trustee company.
Medical Treatment Decision Maker
What if you no longer have the legal capacity to make medical treatment decisions for yourself?
The legislation allows for you to appoint a Medical Decision Maker and/or make an Advance Care Directive.
By appointing a Medical Treatment Decision Maker, you can specify who has legal authority to make medical treatment decisions for you when you no longer have the legal capacity to make those decisions for yourself.
By completing an Advance Care Directive, you can now specify your values and preferences which must be considered by your Medical Treatment Decision Maker - and your health practitioners in the future are bound to follow the specific medical treatments that you consent to or refuse.
The legislation requires that before you sign the documents you have taken appropriate legal and/or medical advice and two witnesses, usually a Solicitor and in some cases a Medical Practitioner (must be a medical practitioner if you complete an advance care directive) are required to witness you sign and they certify that you understand what you are signing.