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Powers of Attorney Victoria

Major Changes

The Powers of Attorney Act 2014 (Vic) came into operation on 1 September 2015.
 
The new Act makes significant changes to the instruments whereby a person is appointed as a financial attorney or as an enduring guardian.
Currently it is common for there to be three separate instruments whereby a person (now to be called “the Principal”) can appoint a person/s to manage their legal, financial and personal affairs: an Enduring Power of Attorney (Financial); an Enduring Power of Attorney (Medical Treatment); and the appointment of an Enduring Guardian.
 
The new Act will not affect existing documents already made.
 
It does however consolidate in one document the appointment of a person/s to act for legal and financial purposes and also for personal matters (previously contained in the Enduring Guardian document).
 
The new Act does not affect the appointment of a person under an Enduring Power of Attorney (Medical Treatment). The appointment is made pursuant to the provisions of the Medical Treatment Act 1988.
 
The Act also makes other significant amendments including the possibility of appointing a person to be known as a “Supportive Attorney”. This person enables the Principal to continue to make their own decisions but through the support of the nominated “Supportive Attorney”.
 
There are many other changes to the Act including:
  • The obligations of the Attorney are specified;
  • A person is assumed to have capacity to enter into these documents unless there is evidence to the contrary;
  • The Act specifies who is eligible to be appointed as an Attorney;
  • The Act creates criminal offences for wrongful conduct by an Attorney;
  • The Act gives additional powers to VCAT with respect to issues arising out of Powers of Attorney.
As the new Act came into operation on 1 September 2015, “new” documents will be needed for Powers of Attorney made after that date.

Published September 2015

For further advice or assistance

Contact Peter Wilson on 5337 0252 or pwilson@nevetts.com.au

The information in this publication or on this website is of a general nature only. It is not, nor is it intended to be, legal advice. You should consult a lawyer for individual advice about your particular circumstances.
The information on this website is of a general nature only. It is not, nor is it intended to be, legal advice. You should consult a lawyer for individual advice about your particular circumstances. Nevett Ford do not warrant that information contained in links to third party sites are correct and accept no responsibility for the accuracy and reliability or any other matter in relation to a third party site.