Plan ahead: Protect your future with a Power of Attorney
Imagine being unable to manage your finances or make personal decisions — and discovering that your loved ones have no legal authority to help. That’s why having a valid Power of Attorney is one of the most important steps in planning for the future. At Carew Counsel Solicitors, we help create clear, compliant and practical Powers of Attorney that provide peace of mind when it matters most.
What is a Power of Attorney?
A Power of Attorney (POA) is a legal document that allows you (the principal) to appoint someone you trust (the attorney) to make decisions on your behalf. Depending on your needs, it can cover financial or personal matters, and take effect either immediately or only if you lose capacity. The Powers of Attorney Act 2014 (Vic) and new Powers of Attorney Regulations 2025 (Vic) outline how these documents must be made, signed and witnessed in Victoria.
How do I obtain a Power of Attorney in Victoria?
1. Choose the right type
General Power of Attorney: allows someone to act for you while you have capacity. This type of power is often used temporarily and ends if you lose capacity.
Enduring Power of Attorney: allows you to appoint an attorney to manage financial matters and/or personal (lifestyle) matters, and continues even after you lose decision-making capacity.
Supportive Attorney Appointment: lets a trusted person assist you in making decisions.
If you’re unsure which option is right for you, our experienced team of estate planning lawyers can help you choose the most appropriate document for your circumstances.
2. Confirm your decision-making capacity
In order to make a valid Power of Attorney, you must have the capacity to understand what the Power of Attorney means and its effect. We can help verify this to avoid future disputes.
3. Select your attorney carefully
Your attorney must be over 18 years old and must be someone you trust implicitly. You can appoint more than one, or name an alternate in case your first choice cannot act. When appointing an attorney you should consider trustworthiness, capability, and any potential conflicts.
4. Complete and execute the form
The new 2025 Regulations prescribe the latest forms and witnessing requirements, including updated provisions for electronic and remote witnessing. At Carew Counsel Solicitors, we will draft and provide guidance in executing your Power of Attorney to ensure the document meets all formalities and won’t later be rejected.
5. Store and share copies
Keep the original safe and provide certified copies to your attorney and relevant institutions.
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Need help preparing your Power of Attorney?
Carew Counsel Solicitors can prepare and witness your documents quickly, ensuring everything meets the Powers of Attorney Act 2014 (Vic) requirements.
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How to revoke a Power of Attorney
You may revoke (cancel) your Power of Attorney at any time while you have decision-making capacity. To do so:
- Complete the prescribed Revocation of Power of Attorney form.
- Sign it before an authorised witness.
- Notify your attorney(s) and any relevant banks or institutions.
A later Power of Attorney usually overrides an earlier one unless you specify otherwise. Our lawyers can assist with preparing revocations and notifying all relevant parties to ensure your intentions are legally effective.
Rights and responsibilities of an Attorney
An attorney’s authority is significant — but it comes with strict duties under the Powers of Attorney Act 2014 (Vic).
An attorney must:
- Act honestly and diligently.
- Avoid conflicts of interest.
- Keep accurate records and accounts.
- Keep personal assets separate from the principal’s.
- Act in the principal’s best interests at all times.
- Attorneys can manage financial and personal matters but cannot make medical treatment decisions — those are covered by separate laws.
- If an attorney acts outside their authority, they can be removed or held personally liable.
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Tip: We regularly advise both attorneys and principals to prevent conflicts, protect assets and ensure compliance with Victorian law.
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Why use a Solicitor?
A Power of Attorney is only effective if it’s validly drafted and executed. Small errors in signing, wording or witnessing can make it unenforceable.
When you engage Carew Counsel Solicitors, you benefit from:
- Expert preparation compliant with the 2025 Regulations.
- Clear advice about when powers commence and what they cover.
- Correct witnessing and certification.Secure document storage and future updates as laws change.
Our experienced team has helped thousands of Victorians prepare Powers of Attorney that stand up to scrutiny and protect what matters most. We can prepare, witness and store your Power of Attorney securely – giving you and your family complete peace of mind.
Key takeaways
Always cosider the right legal advice and the below points:
- A Power of Attorney ensures your affairs are managed when you can no longer act yourself.
- You can revoke or replace it at any time while you have capacity.
- Attorneys have strong powers but also strict legal obligations.
- The Powers of Attorney Regulations 2025 (Vic) introduce updated forms and witnessing procedures.
- Professional legal advice ensures compliance, clarity and peace of mind.
How we can help?
Whether you’re setting up your first Power of Attorney or reviewing an existing one, our experienced lawyers can help ensure your Power of Attorney is tailored to your needs and circumstances.
Plan ahead today and make sure your affairs are in safe hands.
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