Do you want to make a power of attorney for use in Melbourne or Australia?
We can prepare and witness your power of attorney in Melbourne
Our notary public Kin Wee Chua has over 33 years working as a solicitor and has prepared many a power of attorney for people to appoint someone to act on their behalf in Melbourne and Australia.
You should update your power of attorney each year so that it reflects your wishes.
Powers of attorney made in Melbourne, Victoria are recognised in other states in Australia if they contain the content acceptable in other states. You can contact our office to confirm if you want the power of attorney to be used in Victoria as well as other Australian states. We can also make certified copies and keep a copy at our office for safe keeping.
If you need your power of attorney read in Chinese or Cantonese, our notary public Kin Wee Chua is able to speak fluent Chinese or Cantonese and can interpret the contents to the person giving the power of attorney.
If you want a power of attorney used in another country outside Australia, please contact your lawyer in the other country to prepare the document and our Melbourne Notary Public can witness your document at our Melbourne CBD office. We can also certify copies of the original power of attorney to be used overseas.
Please call our office on 03 9602 3988 for a quote. Alternatively, please send us an email at chuatan@tpg.com.au.
We can travel to you in Melbourne to witness the power of attorney
We can travel to you if you live in Melbourne to witness you signing the power of attorney.
Who can make a power of attorney?
You need to be over 18 years of age and have the decision-making capacity to make your own decisions as defined in the Power of Attorney Act 2014. Decision-making capacity means you can understand, retain and use information relevant to make a decision, then communicate the decision and their views about the decision made as well as the consequences of the decision.
Appointing a medical treatment decision making or making an advance care directive in Melbourne
Changes in the Power of Attorney Act 2014 has resulted in powers of attorney involving medical treatment decision making and advance care directives have substantially changed. You can speak to your medical professional about how to appoint a medical treatment decision maker and/or make an advance care directive. We can prepare the documents for you.
Enduring power of attorney for property and personal matters
You can sign an enduring power of attorney and have it witnessed at our office if you want someone to be able to act on your behalf to deal with property and personal matters which are non-medical for the time when you are unable to make decisions. This document is essential especially if you foresee that you will be leaving Melbourne and you want someone to conduct transactions for you or interact with companies and institutions on your behalf in Australia. Similarly, if you believe you may lose capacity to make your own decisions in the future or would like someone you trust to make personal and financial decisions on your behalf, e.g. where you live and how your money is spent, you should appoint an attorney to manage these matters.
It is important to note that an enduring power of attorney cannot be used by your attorney to make medical treatment decisions for you. You need to appoint a medical treatment decision maker.
What should your power of attorney cover
You will need to decide how much power you give to your attorney. You can limit the power to specific matters or give a general power for somebody to act on your behalf. You can also give power by stating when the power of attorney will start and when it will end as well as authorise payment to your attorney. If you are worried your power of attorney will be exercised when you still have decision-making capacity, you can require the attorney to first get an independent assessment from a doctor before acting. There are also additional powers you can make requiring the attorney to provide information to a trusted person before the power of attorney is used to make decisions or authorise your attorney to disclose confidential information.
There are some potential conflicts your attorney may have, particularly involving transactions which the attorney can gain a benefit from and how much of your money and property they give in gifts to others. Therefore, you can decide whether the attorney can complete a transaction involving a conflict of interest, e.g. allowing the person to live in your house without paying rent or selling property to them, and place a limit on the gifts that your attorney can make.
Choosing the right person to be your attorney
The attorney you choose should be in Melbourne where you want them to make decisions and they should also be a person you trust and who understands what decisions you want. Most importantly, the person you appoint as attorney needs to be willing and able to act on your wishes and likely to outlive you. It is important to note you can appoint more than one attorney, which is an important safeguard to ensure decisions are made in accordance with your instructions. Typical scenarios involve you appointing more than one attorney to act together or jointly. or separately, or as a majority as well as making instructions for your attorney to provide reports to another trusted person. You can also appoint alternate attorneys in case one attorney is not available.
Making and Ending an enduring power of attorney
The lawyers in our Melbourne CBD office will explain the contents of the enduring power of attorney and determine whether it is suitable in the circumstances for you to make a power of attorney. Once we have established you have decision making capacity, we will then witness you sign the power of attorney. You can cancel or revoke the enduring power of attorney or make a new enduring power of attorney at any time you want to provided you have capacity. All you need to do is inform the attorney in writing that you no longer wish for them to act for you. The Victorian Civil and Administrative Tribunal (VCAT) can also revoke the power of attorney if there are valid grounds. The power of attorney automatically ends when you die.
What are the consequences of not making a power of attorney?
If you are unable to make decisions that involve personal and property matters, then someone can apply to VCAT for an order appointing someone to make decisions including the Public Advocate or a trustee company.
Please call our office on 03 9602 3988 for a quote. Alternatively, please send us an email at chuatan@tpg.com.au. You can read more about what we do here.
