A Power of Attorney is a legal document that authorises a person to act on your behalf. Depending on the type of power given, the attorney may be able to make financial, personal and medical decisions for you when you are incapable of doing so.
There are several types of Powers of Attorney or other arrangements that give others power to act for you however the most common are:
- Enduring Power of Attorney (Financial & Personal); and
- Appointment of Medical Treatment Decision Maker.
What happens if I don’t have a power of attorney and can’t make decisions for myself?
In Victoria, if you don’t make a Power of Attorney and become unable to make decisions due to illness, injury, or incapacity and important decisions regarding your finances, personal matters, or medical treatment may need to be made by someone else. Without a valid Power of Attorney, these decisions may not be able to be made by family members or loved ones, which can lead to complications.
In the absence of a Power of Attorney, someone (usually a family member or close friend) may need to apply to the Victorian Civil and Administrative Tribunal (VCAT) to be appointed as your guardian (for personal and medical decisions) or administrator (for financial matters).
Depending on the circumstances, this may be a lengthy process and the result may not be what you would you would wanted as the person appointed by VCAT may not necessarily be the individual you would have chosen to make these decisions. Furthermore, VCAT may even find it appropriate to appoint a professional or public trustee if there is no suitable person available.
How can Nevett Ford help?
Having your Enduring Power of Attorney (Financial and Personal) and Appointment of Medical Treatment Decision Maker made before you lose capacity to make your own decisions ensures your wishes are followed and helps avoid unnecessary legal processes.
Our Wills and Estates Team can assist you with your Powers of Attorney and for more information, please contact us on +613 9614 7111 or email us at melbourne@nevettford.com.au.