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Power of Attorney and Guardianship

A Power of Attorney can be an important part of your future planning.


Power of Attorney

A Power of Attorney can be an important part of your future planning.

This office can assist with two types of Powers of Attorney; one type is for financial matters and other for medical treatment.

A person appointed as a Power of Attorney (Medical Treatment) is appointed to make financial or medical decisions in the event that you are unable to.

A Power of Attorney (Financial) allows someone to make financial decisions for you. The attorney can generally do anything you could lawfully do, such as opening or closing bank accounts or purchasing items. You are able to appoint someone to make financial decisions for a specific period of time; such as while you travel overseas or only when you become unable to manage your own affairs.

An Enduring Power of Attorney allows someone else to manage your affairs for you when you are unable to do so. If this happens and there is no Enduring Power of Attorney in place, this can cause great inconvenience.

Our solicitors will ensure that you understand the different ways of appointing a Power of Attorney and the implications of each appointment.

To appoint someone as your Power of Attorney, you must be 18 years or older and you must have sufficient capacity to make the appointment. This means that you must understand what powers the Power of Attorney will have and what decisions they will be able to make on your behalf.

If you would like to manage a person’s financial or medical needs on their behalf but they do not have sufficient capacity to appoint you as their Attorney, you will need to apply for a Guardianship or Administration Order.

Guardianship and Administration

A person may not have the capacity to appoint a Power of Attorney, for example by reason of a medical condition, such as dementia, intellectual disability, mental illness or an acquired brain injury. Our solicitors are able to discuss with you whether a person has capacity.

The person who wishes to manage that person’s personal and legal affairs must seek a Guardianship or Administration Order from the Victorian Civil and Administrative Tribunal (VCAT).

A ‘Guardian’ is a person who obtains legal authority to make personal lifestyle decisions for another person who no longer has capacity to make decisions for themselves.

An ‘Administrator’ is a person who obtains authority to make decisions about another person’s financial affairs, when that person no longer has capacity to manage their own affairs.

Our solicitors can assist with applying to VCAT for orders for the appointment of guardians and administrators of people with a ‘decision-making disability’ or for review of orders which have previously appointed a person.


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