Hemmings Legal

Many people prepare a Will but overlook another key document: a Power of Attorney. Both are essential parts of a complete estate plan.

What is a Power of Attorney?

A Power of Attorney allows you to appoint someone you trust to make decisions on your behalf if you cannot. In Victoria, there are two main types:

• Enduring Power of Attorney (Financial and Personal) – covers financial, legal and personal matters.
• Appointment of Medical Treatment Decision Maker – allows someone to make medical decisions for you.

Why They Are Important

Life is unpredictable. Illness, injury or incapacity can strike at any age. Having Powers of Attorney ensures your affairs can be managed smoothly without costly and stressful applications to the Victorian Civil and Administrative Tribunal (VCAT).

Key Benefits

• You stay in control by choosing who makes decisions.
• Family members avoid conflict or uncertainty.
• Your finances and medical care are managed according to your values.

If you are planning to make a Will, it is wise to prepare Powers of Attorney at the same time. Read our post on why every adult needs a Will to learn how these documents work together.

Takeaway: A Will speaks after you pass away. A Power of Attorney protects you while you are alive.