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Enduring Powers of Attorney are one of the most important documents you can have in place — and one of the most overlooked. It ensures someone you trust can act for you if you become unable to manage your own affairs or make personal decisions.
An Enduring Power of Attorney authorises another person (your ‘attorney’) to make decisions on your behalf.
In Victoria, there are two main types:
Together with a Will, these documents form the cornerstone of comprehensive Estate Planning.
The word ‘enduring’ is critical — it means the document remains valid even if you lose mental capacity. A general Power of Attorney ceases if you lose capacity, which is precisely when you need it most.
Many families are caught unprepared when a loved one suffers a stroke, accident or diagnosis of dementia. Without an Enduring Power of Attorney in place, families must apply to the Victorian Civil and Administrative Tribunal (VCAT) for the appointment of an Administrator or Guardian — a process that is costly, time-consuming and avoidable.
Andrew O'Bryan prepares all documents required to protect you and your family if you lose mental capacity.
Discuss who should be your attorney, what powers to grant, and any conditions you wish to apply.
Andrew prepares the Enduring Power of Attorney documents.
Documents are reviewed, questions answered, then formally executed in accordance with Victorian law.
Andrew advises on safe storage and provides guidance (if required) to your attorney on their duties.
Now — while you have full mental capacity. An Enduring Power of Attorney can only be made while you have legal capacity to do so. Waiting until you need one is too late.
Your attorney should be someone you trust completely, who is financially responsible, and ideally younger than you. Many people appoint a spouse, adult child, or close friend. You should also consider appointing a backup attorney in case your first choice is unable to act.
An Enduring Power of Attorney (Financial) authorises a person to manage your financial and legal affairs. The ‘enduring’ nature means it remains valid if you lose mental capacity — which is when it is most needed. It can take effect immediately or only upon incapacity, depending on how it is structured.
An Enduring Power of Attorney (Guardian) authorises a person to make personal decisions for you such as where you live and what support services you receive. It operates only upon incapacity.
Yes — as long as you still have legal capacity, you can revoke an Enduring Power of Attorney at any time. Andrew can advise on the formal revocation process.
Your Attorney acts for you during your lifetime, if you lose capacity. Your Executor acts after your death, to administer your estate. These are different roles, though the same person can hold both.