Powers of Attorney

In Victoria there are now three separate powers of attorneys, each regulating a different set of circumstances. They are:

• General Power of Attorney;
• Enduring Power of Attorney (Financial and/or Personal matters); and
• Appointment of Medical Treatment Decision Maker.

Financial and/or Personal Matters

A power of attorney is a legal document where you (the principal) give someone (your attorney) the power to make decisions for you about financial matters, personal matters or both.  You can specify that this power will commence immediately upon signing a power of attorney document, on a specific occasion (such as being overseas) or only if you lose legal decision-making capacity, which must be certified by a medical practitioner.

Medical Treatment Planning

The Medical Treatment Planning and Decisions Act 2016 came into force on 12 March 2018 and provides ways that you can plan for your future medical treatment if you lose the capacity to make your own decisions. These are:

1. Appointing a medical treatment decision maker, who can make medical treatment decisions for you if you are unable to do so in the future; and
2. Completing an advance care directive, which can set out two important statements, that is:

1. an instructional directive with legally binding instructions consenting to and refusing medical treatment in the future. It will apply and must be followed by your health practitioners if you lose medical treatment decision making capacity, such as refusing to be resuscitated and/or refusing blood transfusions; and
2. a values directive which sets out your values and preferences for future medical treatment. It must be considered by those making medical treatment decisions for you if you lose medical treatment decision making capacity.

Be in control

Preparing a power of attorney for different circumstances gives you control over who will make decisions for you (in the event of your incapacity) as to your assets, paying your medical and other bills, medical treatment and personal and lifestyle decisions such as where you live.

At KMK Legal we believe properly drafted powers of attorney are just as important as having your Will prepared as part of your overall estate planning strategy.  If we can assist you with preparing any powers of attorney, please contact us.