Powers of Attorney

When you are healthy and able to make decisions it is hard to turn your mind to what would happen if you lost capacity. If you lost capacity due to an accident or illness, whether temporarily or permanently, someone would have to make medical, legal, financial and lifestyle decisions for you. If you do not nominate someone while you have capacity the person who makes such decision may not be the one you would have chosen.

An attorney can make financial, legal, lifestyle and medical treatment decisions on your behalf if you are unable to do so. However, once you lose capacity you cannot appoint an attorney and it will be up to the Victorian Civil and Administrative Tribunal (VCAT) to do so.

If you appoint an attorney while you have capacity you appoint the person you trust and it is an easy and inexpensive procedure. However, if VCAT appoints someone it can be lengthy, expensive, it may lead to disagreements between family members and it may not be the person you would have appointed.

We believe very strongly that every person over 18 years of age should appoint an attorney to make decisions for them in the event they lose capacity.