Service
Powers of Attorney
An Enduring Power of Attorney is 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.
About Powers of Attorney
A Power of Attorney authorises another person (your 'attorney') to make decisions on your behalf. In Victoria, there are two main types: an Enduring Power of Attorney (for financial and legal decisions) and a Medical Treatment Decision Maker (for health decisions). 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) to be appointed as administrator — a process that is costly, time-consuming and avoidable.
What's Involved
Andrew O'Bryan prepares all documents required to protect you and your family if you lose mental capacity.
- Preparing Enduring Power of Attorney (financial & legal)
- Appointing an attorney and backup attorney
- Setting conditions and limitations on the attorney's powers
- Medical Treatment Decision Maker appointment
- Guidance on attorney duties and responsibilities
- Coordinating Powers of Attorney with your Will
- Reviewing and updating existing documents
How We Prepare Your Powers of Attorney
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Consultation
Discuss who should be your attorney, what powers to grant, and any conditions you wish to apply.
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Document Preparation
Andrew prepares the Enduring Power of Attorney and Medical Treatment Decision Maker documents.
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Review & Execution
Documents are reviewed, questions answered, then formally executed in accordance with Victorian law.
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Safekeeping
Andrew advises on safe storage and provides guidance to your attorney on their duties.
Powers of Attorney — Common Questions
Now — while you have full mental capacity. A 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 appoint a backup attorney in case your first choice is unable to act.
An Enduring Power of Attorney 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.
A Medical Treatment Decision Maker (formerly called a Medical Power of Attorney) authorises a person to make medical treatment decisions on your behalf if you become unable to communicate your wishes. This is a separate document from the Enduring Power of Attorney.
Yes — as long as you still have legal capacity, you can revoke a 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.
Related Services
Don't Wait Until It's Too Late. Put Your Powers of Attorney in Place Today.
Speak directly with Andrew O'Bryan about your Powers of Attorney needs.