Power of Attorney & Guardianship Lawyers
While a Will operates after you have passed away, Powers of Attorney are increasingly important to assist you during your lifetime, should the need arise.
Loss of mental capacity is an issue that is becoming more and more prevalent given the aging population in Australia, and increases in life expectancy. However, mental capacity also can be lost through illness or accidents, which can strike unexpectedly at any age. When this happens, it is important that you have appointed somebody that you trust to make decisions on your behalf.
There are two types of Powers of Attorney:
- An Enduring Power of Attorney appoints a person or persons to make decisions on your behalf in relation to your financial and/or personal affairs; and
- An Appointment of Medical Treatment Decision Maker appoints a person or persons to make medical decisions on your behalf, should you lose capacity to give informed consent and directions as to your medical affairs.
Aitken Partners' power of attorney lawyers can help you to appoint the right people to make decisions on your behalf so that you have peace of mind. We can also provide you with advice on making an Advanced Care Directive, which in Victoria allows you to give binding instructions for your future care and treatment.
VCAT Guardianship
If you don’t have powers of attorney in place, the Victorian Civil and Administrative Tribunal (VCAT) is empowered to appoint an administrator and guardian to manage your affairs when you lose capacity.
VCAT also has the ability to remove an attorney or administrator who is breaching their duties, and can order them to pay compensation to the principal’s estate.
Aitken Partners' guardianship lawyers are experienced in making applications to VCAT’s Guardianship List in order to resolve disputes with family members over the care of a loved one.
Ask us about:
- Making enduring powers of attorney, appointing a medical treatment decision maker, or making an Advance Care Directive;
- Assessing a person’s mental capacity;
- Your duties as an attorney;
- Making decisions for an incapacitated person, including obtaining approval from VCAT to sell property or assets;
- Having an attorney removed for misconduct; or
- Having an administrator or guardian appointed by VCAT.
Get in touch
To get in touch with our power of attorney & guardianship la lawyers in Melbourne, fill out the form below or give us a call: +61 3 8600 6000
Located in Melbourne CBD at Level 28, 140 William Street, Melbourne. Servicing all Melbourne suburbs online and within a 15-minute drive for: Melbourne CBD, Carlton, Fitzroy, Richmond, South Yarra, St Kilda, Brunswick, Collingwood, Prahran, South Melbourne, North Melbourne.
Frequently Asked Questions
Power of attorney is a legal document that authorises a designated person (the agent or attorney-in-fact) to make financial, legal, or healthcare decisions on behalf of another person (the principal) when they are unable to do so themselves.
You obtain power of attorney by creating a legal document that clearly outlines the scope of the agent's authority. This document must be signed by the principal, often witnessed or notarised, and comply with state-specific requirements.
No, an enduring power of attorney cannot change a will. A will outlines how assets are distributed after death, while power of attorney grants authority for decisions during the principal's lifetime.
Power of attorney forms can be obtained from legal stationery stores, online legal services, or, most reliably, from an estate planning attorney who can ensure the form meets your specific needs and state requirements.
You can rescind power of attorney by creating a revocation document, signing it, and notifying the agent and any relevant third parties. State laws may require specific procedures for revocation.
Yes, power of attorney automatically ceases at the principal's death. The authority granted by the document ends, and the estate is then managed according to the will or state intestacy laws.
Power of attorney can be revoked by the principal at any time, provided they are mentally competent, or as specified in the document itself.
The requirements for witnesses vary by state, but generally, witnesses must be adults who are not beneficiaries or the designated agent. Some states may require notarisation instead of or in addition to witnesses.
Generally, power of attorney documents are not public records. They are private legal documents that are only disclosed to relevant parties when necessary.
Yes, powers of attorney are primarily state-specific. The laws governing their creation, execution, and validity vary from state to state.
A guardianship order for an adult is a court-issued directive that appoints a guardian to make decisions for an adult who is deemed incapacitated and unable to manage their own affairs.
No, legal guardianship and power of attorney are different. Power of attorney is a voluntary agreement, while guardianship is a court-ordered arrangement.
Yes, a guardianship can be revoked by a court order if it is determined that the guardianship is no longer necessary or if the guardian is not acting in the best interests of the ward.
A guardianship ends when the court determines the adult is no longer incapacitated, upon the death of the ward, or when the court revokes the guardianship.
Yes, a guardianship order generally overrides a power of attorney, as it is a court-supervised arrangement that takes precedence.
Yes, a guardianship order can override parental rights when a court determines that the parents are unable to provide adequate care for their children.