Powers of Attorney

Powers of attorney are legal documents that let you appoint a trusted person (your agent) who can make decisions for you, or support you to make, and give effect to, your own decisions.

Having a power of attorney gives you the security of knowing that your affairs will be managed by someone you trust.

Types of powers of attorney

In Victoria typical types of powers of attorney include:

  • General’ non-enduring powers which end upon incapacity of the giver of the power

  • Enduring power’ – financial and/or personal – to manage financial and or property affairs and legal matters if you cannot

  • Supportive’ powers appointing someone to help you in your decision making but ending upon your incapacity

  • Appointment of medical treatment decision maker’ allowing you to appoint someone to make medical decisions if you cannot

Malcolm Burrell at MG Burrell Wills & Probate can advise you:

  • Whether or not a power of attorney could assist in your circumstances

  • What types of powers can be made and their specific uses and limitations

  • Drafting a document that meets your individual needs and legal requirements, including any conditions you would like placed on the exercise of the power(s)

  • Review of your existing powers of attorney to ensure the appointments are still aligned with your wishes and on the desired terms

  • Advice as to the powers and the role of the attorney or medical decision maker

  • Advice as to your options if there is no power of attorney in place for a relative who has lost decision making capacity

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