Plan ahead with clarity and control
Power of attorney lawyers in Melbourne
Having powers of attorney in place is a way to plan ahead so the right person can step in if you're unable to make important decisions. Whether for health, financial, or personal matters, Carew Counsel can help you put the right legal safeguards in place.
Specialist family law firm
We have 40+ years of experience dealing with family law matters.
Client focused
Get the help, guidance, and legal support you need to move forward.
Commendable service
We’re ranked in the top five family law firms in Melbourne.
Open and upfront
We will clearly outline expectations and a quote for legal fees following your initial consultation.
Trusted legal guidance when it matters most
You might be supporting a parent, navigating health changes, or simply want to be prepared yourself. Wherever you are in life, having powers of attorney in place means your legal decisions will be respected, even if you lose the capacity to make such decisions yourself.
Carew Counsel is here to help you get the right plan in place with empathy and expertise. Powers of attorney are deeply personal documents, and our role is to help you put the correct powers in place with care, clarity, and confidence.
We take the time to understand your situation, explain your options, and prepare tailored documents that reflect your values. Our Melbourne solicitors bring warmth and professionalism to every conversation, so you can move forward knowing the legal side of these matters has been expertly handled.
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Powers of attorney services we offer
We help clients prepare future planning documents, update existing arrangements, and provide guidance when capacity becomes a concern.
Enduring powers of attorney
This legal document allows the person or persons you appoint to continue acting on your behalf if you lose decision-making capacity. It can cover financial and personal decisions, and is an important part of making sure your future is protected.
General powers of attorney
A general power of attorney applies for a specific period or purpose, such as during travel or hospital stays. It ends if you lose capacity, making it useful for short-term decisions around financial matters.
Supportive powers of attorney
A supportive power of attorney allows you to retain control while appointing someone to assist with communication or accessing information. It’s designed for individuals who have capacity but benefit from support.
Appointment of medical treatment decision makers
In Victoria, you can appoint up to four medical treatment decision makers to make decisions on your behalf, with responsibility cascading from one to the next should the primary decision maker be unable or unwilling to act. Carew Counsel can prepare and witness your form, explaining who can act, their powers, and how to ensure your personal instructions are binding.
When to speak to a lawyer
If you're thinking about who could step in if you ever lose the capacity to make decisions, it’s a good time to speak with a lawyer. We help individuals and families put strong legal structures in place well before problems arise.
We also support clients who need urgent legal advice; for example, if someone you love is losing capacity, or if you're unsure whether a current document is still valid. If needed, we can help you apply through VCAT to resolve power of attorney issues when there is no valid document in place.
Work with an experienced legal team for the preparation of your powers of attorney documents
We focus on clarity, empathy, and protecting your legal rights. As experienced wills and estates lawyers, we guide you through complex legal and emotional decisions with confidence.
- A personalised plan that reflects your values and grants the right authority to the right people.
- Legal explanations in plain language, so you fully understand your rights.
- Focused guidance across personal, financial, and medical decision-making.
- Documents reviewed to ensure they’re accurate, up to date, and legally enforceable.
- Flexibility to adjust your plan over time, including changes or revocations of authority.
- Prompt, respectful support in urgent or sensitive situations.
Our solution-focused process
What our clients say
Here’s what clients have said about our legal services for powers of attorney. We’re proud to support clients through some of life’s most personal and complex decisions.
"10 Stars! Very happy & relieved that I chose Carew Counsel for a family member in an extremely concerning & complicated Family Court/child protection matter. Highly professional, ethical, respectful, knowledgeable, hardworking, strategic, collaborative, communicative, caring, compassionate & child & family welfare focused. Thank you from the bottom of our hearts for helping us protect our little child."
"10 Stars! Very happy & relieved that I chose Alex Carew & Carew Counsel for a family member in an extremely concerning & complicated Family Court/child protection matter. Highly professional, ethical, respectful, knowledeable, hard working, strategic, collaborative, communicative, caring, compassionate & child & family welfare focused. Thank you from the bottom of our hearts for helping us protect our little child."
"Carew Counsel team was recommended to me by one of my friends and my case was handled by Keleigh and her team very efficiently, with quick replies, flexibility to change requests and professionally. I am highly recommending them to their future clients and can only thank them with this review for their great work."
"I would like to thank and acknowledge all the team at Carew Counsel Solicitors for representing me in my recent financial settlement matter. I highly recommend that you engage Carew Counsel Solicitors to represent you in your family law matter."
"Across my two year fight to save my son from serious harm, Alex Carew was there every step of the way. His wisdom, professionalism, empathy, meticulous notes, and steadfast negotiation yielded a result which will protect my son now, and for years to come. I can't recommend him and his firm highly enough."
"To the Carew Counsel team. I would like to thank you all for your interest, professionalism, and humanity. You enabled a very stressful process to be handled with diligence and care. I am very grateful to you all for assisting me with this. Most of all, a big thank you to you Jenni Mooney, for your competence, professionalism and humour. Because of you, the process was as least stressful as feasibly possible. My heart goes out to you. Carew Counsel are lucky to have you. All the best to you all."
"To the Carew Counsel team. I would like to thank you all for your interest, professionalism, and humanity. You enabled a very stressful process to be handled with diligence and care. I am very grateful to you all for assisting me with this."
"In what was a difficult time to go through, I'm thankful that I had the team at Carew in my corner. I received sound advice all the way through the process and felt proud of the dignified way that my case was being responded to. I would certainly recommend Madison and the team at Carew for their professionalism, experience, integrity and dedicated service."
"I highly recommend Carew Counsel Solicitors for anyone seeking a dedicated and knowledgeable solicitor for family law matters. Madison Ogilvie excelled in her communication, ensuring I was kept informed every step of the way. Although it got stressful, Madison's professionalism was top-notch."
Why clients choose Carew Counsel
Guidance that puts your goals first
We take the time to understand your goals and explain your options clearly so you can make decisions with confidence.
Over 40 years of trusted experience
We’ve been helping clients with the preparation of powers of attorney documents and wider estate planning for over 40 years.
Clear advice you can actually use
Legal issues can feel overwhelming. We explain everything in plain English and give you the opportunity to ask questions.
Transparent pricing with no surprises
We offer upfront cost estimates and clear guidance on pricing so you know what to expect.
Meet the team behind the preparation of your powers of attorney documents
Frequently asked questions about powers of attorney
If you're thinking about putting a power of attorney in place (or have been asked to act as an Attorney), it's normal to have questions. Here are some of the most common concerns we help clients understand.
The powers depend on the type of document prepared. A general power of attorney may allow someone to manage your financial matters in a limited way and only while you have the capacity to make such decisions your self, while an enduring power of attorney can continue even if you lose decision-making capacity and can be given for financial and/or personal matters..
In most cases, your attorney for financial matters can make decisions on your behalf about your banking, property, or other assets.
An attorney for personal matters can make decisions about your personal lifestyle and care if you are in a position where you lack the capacity to make such decisions for yourself.
These powers come from a legal document where you give someone you trust the authority to step in when needed. That person can help with financial or personal matters, depending on the type of powers you've chosen. However, there are legal limits to what an attorney can do. They cannot make or change your will, vote for you, or override your wishes if you still have capacity. They also have an overarching responsibility to always act in your best interests when making any decisions on your behalf..
The principal is the person who creates the power of attorney. The attorney is the person you appoint to act on your behalf.
While the principal gives the authority, the attorney must always act in their best interests, keep accurate records, and avoid conflicts of interest. Powers of attorney are legal documents that allow the principal to safeguard their interests and prepare for the possibility that they may become unable to make decisions. It’s important to choose someone you trust and who understands their role under the Powers of Attorney Act 2014, which sets out how powers of attorney must be made, and how attorneys are expected to act. The Act helps protect people from abuse or misuse of authority and ensures that key responsibilities are clearly defined.
Yes, you can appoint more than one person to share the role of attorney. You may also appoint an attorney to act as a backup if your first choice becomes unavailable, or choose to appoint a number of attorneys to act by majority decision.
You can require your attorneys to act jointly or allow them to make decisions independently. You might choose one person to help with financial matters and another to support your day-to-day personal needs. Our experienced estate planning lawyers can help you structure your appointments clearly, especially where different types of powers or multiple people are involved.
If the person you’ve chosen becomes unable to act (for example, due to illness, passing away, or choosing to step down), a replacement attorney can take over, but only if you’ve named one. If you haven’t named an alternate attorney, someone may need to apply to VCAT to be appointed. That’s why it is important to plan ahead and include a backup from the beginning.
Not directly. In Victoria, medical decisions are handled by a separate appointment called ‘An Appointment of Medical Treatment Decision Maker’.
It is common to put both an Enduring Power of Attorney (for financial and/or personal matters) and an Appointment of Medical Treatment Decision Maker in place at the same time so that all areas of your care are covered.
A supportive power of attorney allows you to appoint someone to help you, but not replace your authority.
The person you appoint can help with communication, understanding information, or accessing services. It’s a great option for people with mild cognitive changes or disabilities who still have capacity to make their own decisions.
Like any legal document, a power of attorney can fail to provide for what you intend if not properly drafted. Sometimes, attorneys can become unable to act, and no alternate attorney has been named when the Power of Attorney was drafted.
At other times, attorneys can misunderstand their responsibilities and/or act improperly. In such a case, an attorney can seek the advice of VCAT or an application can be made for an attorney’s removal and replacement if VCAT are satisfied it is necessary..
Powers of attorney must only be made by someone with the mental capacity to understand the nature and effect of the document/s. Anyone under the age of 18 is not permitted to make a Power of Attorney.
It's also important to ensure that your power of attorney documentation is accurate, specific, and enforceable. Our firm can help you avoid issues by preparing documents that reflect your goals, meet legal requirements, and ensure your attorney/s can act with the authority to make important decisions when needed.
We recommend reviewing your powers of attorney documents whenever your personal or financial situation changes, or at least every few years.
Major life events like marriage, separation, moving house, or changes in health are all reasons to check whether your documents still meet your needs. If needed, these documents can be revoked and replaced with updated versions to ensure your specific needs continue to be appropriately met..
They may be asked to make medical treatment decisions such as surgery, pain management, palliative care, or withdrawing life support.
When making these decisions, they must consider:
- Your known wishes and values
- Any advance care directive or written statement
- Advice from your doctor or medical team
The medical treatment decision maker must focus on your best interests and what matters most to you, not what they would choose for themselves.