Power of Attorney
Power of Attorney (Enduring Powers of Attorney and Medical Treatment Decision Maker)
A power of attorney is a legal document in which you appoint a trusted individual – known as your “attorney” – to make decisions on your behalf. Anyone over the age of 18 years who has decision making capacity can make a power of attorney.
An Enduring Power of Attorney is a legal document that allows you to appoint someone you trust to make financial, legal and personal decisions on your behalf. It may commence immediately if you desire, or when you become mentally incapacitated due to illness, injury or age-related conditions.
A Medical Treatment Decision Maker is a legal document that allows you to appoint a person to make medical decisions on your behalf if you are unable to make or communicate those decisions yourself due to lack of capacity.
Why should I have an Enduring Powers of Attorney and Medical Treatment Decision Maker?
If you become unwell, lose the ability to make decisions or want to be proactive about your personal, financial and medical matters at any stage of life, you may want to consider having a power of attorney in place.
It is important to note that making an Enduring Powers of Attorney and Medical Treatment Decision Maker does not mean you relinquish your control to your affairs, rather it gives your attorney the authority to make these decisions on your behalf, if you are unable to make them yourself.
If you don’t have an Enduring Powers of Attorney and are unable to make decisions due to reduced mental capacity, the Victorian Civil and Administrative Tribunal (VCAT) can appoint someone to make decisions about financial and personal decisions on your behalf which might not be in line with your wishes.
What should I consider when making an Enduring Powers of Attorney and Medical Treatment Decision Maker?
It is imperative that you only appoint someone as your attorney or medical treatment decision maker that you trust, and who is willing to take on the role and understands the roles importance. You are giving this person the power to make important decisions for you during a vulnerable time of your life. You should review your choice regularly.
How do I make an Enduring Powers of Attorney and Medical Treatment Decision Maker?
Wyndham Partners is happy to assist you in creating an Enduring Powers of Attorney and Medical Treatment Decision Maker. Our staff has extensive knowledge in the area and would be happy to answer any questions you have on the matter and navigate you through the process to ensure you understand the process and the implications of your decision.
If you would like further information please fill out the form and a team member will contact you. Obligation free.
Frequently Asked Questions
Who should I appoint as my attorney or medical decision maker?
We recommend that you choose someone you trust completely—often a close family member or friend—who understands your values and will act in your best interests. You should also consider their availability and willingness to take on the responsibility.
When does a Power of Attorney or Medical Treatment Decision maker appointment come into effect?
An Enduring Power of Attorney can be effective immediately or only upon loss of capacity. A Medical Treatment Decision Maker only acts if you become unable to make your own medical decisions.
Can I revoke or change my appointments?
Yes. As long as you have decision-making capacity, you can revoke or update your Power of Attorney or Medical Treatment Decision Maker appointment at any time. The revocation should be done in writing and properly communicated.
What happens if I don’t appoint anyone?
If you lose capacity and have not appointed an attorney or medical treatment decision maker, a family member may need to apply to the Victorian Civil and Administrative Tribunal (VCAT) to be appointed as your guardian or administrator. This process can be time-consuming and may not reflect your wishes.
How often should I review these documents?
It’s best to review your documents every few years or after major life changes such as marriage, divorce, a death in the family, or changes in relationships with your appointed decision-makers.