The purpose of having Powers of Attorney and Medical Treatment Decision Maker documents put in place is to ensure that if you lose capacity through an accident or illness then a surviving spouse or family member or friend do not need to go to VCAT to seek a guardianship or a financial administration order.

These documents are also important to put in place for an adult child with a disability who cannot look after their own financial affairs when they attain the age of 18 years – a child under 18 will be assisted for these maters by their parents as guardians but once they turn 18 then the parents need to have powers of attorney prepared for their adult child (if the child can give instructions for this and have capacity to do so) or they may need to obtain guardianship orders from VCAT for the adult child.

We recommend that everyone should regularly review all existing Powers of Attorney:

  • Every two to three years or if your financial circumstances should change;
  • If a nominated attorney dies;
  • If a nominated Attorney become unfit to act due to failing health or other reasons;
  • If you separate from your partner or re-marry; or
  • If you have any queries or concerns about your current Powers of Attorney.