Enduring Power of Attorney Victoria Form

With Legal Zebra, it's easy to appoint an attorney in Victoria. It takes minutes, not days, and you won't need to pay a lawyer.

DIY

How it works

Type in your details

Type your info in our online form

Enter your details online with our easy-to-follow tips and examples.

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Type in your details
Print out
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Print out

Print it out

We email your completed VIC Power of Attorney as a PDF document, for you to print.

Sign the document

Sign in front of two witnesses

You and your attorney sign with two witnesses, using the signing instructions in the document.

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Sign the document
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WHY LEGAL ZEBRA

Appoint a trusted loved one as your attorney. It's easy and affordable with Legal Zebra.

The whole process is straight-forward. It generally takes no more than 10 minutes to answer the questions and you will receive the completed form immediately.

Save at least $300 in legal fees by preparing your VIC Enduring Power of Attorney Form with Legal Zebra's DIY service rather than hiring a lawyer to prepare it for you.

Easy to use

Easy to Use

An online form guides you step-by-step through the process. Simply, answer a few questions and we will send you a completed VIC Enduring Power of Attorney Form.

Legally Binding

Legally Binding PoA

Follow the the instructions in the document (and sign with two witnesses), to create a valid and legally binding appointment of your attorneys. "

Unlimited Edits

Unlimited Edits

Changed your mind about something in your VIC Power of Attorney? No worries! You can make as many changes as you need to get your document right.

Latest update

Latest Update (2022)

The template we use to generate your customised Power of Attorney Form is up to date and effective under the laws of Victoria.

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So glad I found Legal Zebra. I found the exact template I needed for our business, and also a few others I didn't know I needed. Great website, easy to navigate. In a few minutes I had a straight forward, easy to understand and apply legally binding document ready to go. Thank you Shanti and the team at Legal Zebra

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Greg Royall
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So glad I found Legal Zebra. I found the exact template I needed for our business, and also a few others I didn't know I needed. Great website, easy to navigate. In a few minutes I had a straight forward, easy to understand and apply legally binding document ready to go. Thank you Shanti and the team at Legal Zebra

Marisa Lo Certo

LEARN

Examples of when you might need to appoint a Power of Attorney in Victoria

Appointing an attorney to act for me while I am overseas

I am going overseas and need to appoint a friend to take care of my assets here in Australia while I am away.

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Making my wife my attorney to manage our bank accounts

My wife is managing our financial affairs as I am getting older. The bank and other people we deal with need to see I've given her a Power of Attorney, before she can do things for me.

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I am in an aged care home and need a POA

I am living in an aged-care home and want my kids to sell my house. Therefore, I need to give them the power-of-attorney so they can legally deal with the lawyers and real estate agents and sign the papers to sell the home for me.

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SPECIAL OFFER

Get a FREE draft Victorian Enduring Power of Attorney now (no credit card required). Order a final signing version for only $17.

CHECKLIST

What's included in a VIC power of attorney form?

Below is a checklist of what's included in your Enduring Power of Attorney Victoria when you create it with Legal Zebra:

Choose your attorney/s
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Appoint one or more people to make decisions on your behalf, such as your trusted family members. Perhaps you will appoint your partner.

Choose your substitute attorney/s
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Appoint substitute attorneys to act in case your first choice of attorneys resign or are otherwise unable to act. You can appoint your children as substitute attorneys, for example, if you partner can't act.

Decide how your attorneys will make decisions together
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Specify how your attorneys must make descisions when you have more than one attorney. Do they all need to act together? Can they act individually? If there are more than two attorneys, can they act by majority agreement? It's your choice.

Set a start date for the appointment of your attorney/s
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You have the option to determine when your Enduring Power of Attorney will commence. For example, when you are overseas, when you lose capacity or perhaps immediately.

Helpful tips to complete your power of attorney
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The Power of Attorney form includes detailed tips, examples and instructions to assist you to complete it with ease.

Specify any limits on your Vic attorney's powers
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The Enduring Power of Attorney form for Victoria allows you to limit your attorney/s' powers. This is how:

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- Decide whether your attorneys are allowed to do things that could conflict with your best interests.

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- Give instructions about gifts that your attorneys can make on your behalf.

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- Decide whether your attorneys can support your family members of other dependents using your money.

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- Decide if you want your attorneys to be paid for acting for you, there's an option to allow for this.

The attorneys state they will accept the position
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The form requires the signature of your attorney/s. That is, to confirm they will accept the appointment and act responsibly in their role.

Instructions for signing the Victoria Enduring POA with witnesses
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Clear instructions are included in the document to ensure you sign and witness the Enduring Power of Attorney document correctly so that it is binding under the laws of Victoria (VIC).

SPECIAL OFFER

Create your draft Victorian Enduring Power of Attorney completely free. Happy with it? Order a final version for only $17.

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Frequently Asked Questions

What you should have an Enduring Power of Attorney in Victoria?
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A Power of Attorney is a legal document used to give another person the power and authority to do things on your behalf.

The person granting the power is usually referred to as the "donor" or "principal" and the person who is granted the power or authority is known as an "attorney". It is possible to appoint more than one attorney, in which case they are known as the "attorneys" and "alternative attorneys" in case your first choice of is unwilling or unable to act as an attorney.

In Victoria, you can appoint your attorneys to manage both your personal matters and your financial matters, or any one of the two.

Financial matters covers things like controlling bank accounts and selling property. Meanwhile, personal affairs includes for example, making decisions about where you are to live if you to go into a residential aged care home and how you are to be cared for.

It is a common mistake to assume that if you have a Will, you don't need a power of attorney. But, a Will only takes effect when you die. In fact, people may live for many years with the need someone to take care of them as they can't manage their own affairs.

Who will look after paying your bills and maintaining your home (or perhaps selling it for you) if you have an accident or suffer from dementia?

What if you are overseas and you need someone else to sign legal documents on your behalf?

In most cases, a power of attorney is used to appoint one's husband, wife or children, for example, to look after their personal and financial matters if they are incapacitated or simply too old to take care of these things themselves.

In Victoria, the appointment of an attorney is only effective if they accept the appointment and agrees to comply with their legal duties.

An attorney under an enduring power of attorney made in Victoria:

- must act honestly, diligently and in good faith; and

- must exercise reasonable skill and care;

- must not use the position for their own profit and must not act if there is a conflict of interest (unless authorised).

- must protect confidential information; and

- must keep accurate records and accounts.

You should be careful to appoint an attorney you trust and you are confident will make wise decisions in your best interests.

What is an enduring power of attorney and why do I need one?
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A Power of Attorney is a legal document used to give another person the power and authority to do things on your behalf.

The person granting the power is usually referred to as the "donor" or "principal" and the person who is granted the power or authority is known as an "attorney". It is possible to appoint more than one attorney, in which case they are known as the "attorneys" and "alternative attorneys" in case your first choice of is unwilling or unable to act as an attorney.

In Victoria, you can appoint your attorneys to manage both your personal matters and your financial matters, or any one of the two.

Financial matters covers things like controlling bank accounts and selling property. Meanwhile, personal affairs includes for example, making decisions about where you are to live if you to go into a residential aged care home and how you are to be cared for.

It is a common mistake to assume that if you have a Will, you don't need a power of attorney. But, a Will only takes effect when you die. In fact, people may live for many years with the need someone to take care of them as they can't manage their own affairs.

Who will look after paying your bills and maintaining your home (or perhaps selling it for you) if you have an accident or suffer from dementia?

What if you are overseas and you need someone else to sign legal documents on your behalf?

In most cases, a power of attorney is used to appoint one's husband, wife or children, for example, to look after their personal and financial matters if they are incapacitated or simply too old to take care of these things themselves.

In Victoria, the appointment of an attorney is only effective if they accept the appointment and agrees to comply with their legal duties.

An attorney under an enduring power of attorney made in Victoria:

  • must act honestly, diligently and in good faith; and
  • must exercise reasonable skill and care;
  • must not use the position for their own profit and must not act if there is a conflict of interest (unless authorised).
  • must protect confidential information; and
  • must keep accurate records and accounts.

You should be careful to appoint an attorney you trust and you are confident will make wise decisions in your best interests.

When to use Legal Zebra's Enduring Power of Attorney Form (Vic)
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You should use our Enduring Power of Attorney form for Victoria if:

[ ] you reside in the State of Victoria (VIC), Australia or

[ ] you live elsewhere but you want to grant someone the power to deal with real estate that you own in Victoria.

This form can be used even if your attorneys live outside of Victoria.

When to have a lawyer help with your Victorian power of attorney?
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In some cases, it's wise to consult with a lawyer for advice on making an enduring power of attorney.

For example, you may need more support:

  • if you are concerned the person who intends to make a power of attorney has the legal capacity to understand what they are signing.
  • if you want a solicitor or barrister to take file notes surrounding the grant of a power of attorney. This is useful if you anticipate there might be a legal dispute about the appointment.
  • if you want help drafting special clauses to limit or expand your attorneys powers.

In Victoria, one of the two witnesses to the signing of an Enduring Power of Attorney must hold a special qualification. This includes, amongst others, a doctor or a lawyer.

Therefore, it can be useful to enlist the help of a lawyer who can advise on your power of attorney and also certify that they have witnessed you sign the document.

How to make a Power of Attorney in Victoria?
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In order to make a legally valid Enduring Power of Attorney under the laws of Victoria, Australia, you need to comply with the requirements of the Power of Attorney Act 2104 Victoria. The Act sets out the special required words.

To make it simply for you, Legal Zebra will create the form for you, with the correct wording.

Who can witness a Victorian Enduring Power of Attorney?
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In order to make a legally valid Enduring Power of Attorney under the laws of Victoria, Australia (Power of Attorney Act 2104 Victoria), you must:

  1. sign and initial the document in front of two witnesses, and
  2. each witness must also sign the document.

Here's how it works:

1. the first witness does not require any special qualifications, but must be over 18 and independent (not someone appointed as your attorney or a relative of your attorney).

2. The second witness must be either a medical practitioner (for example your local doctor) or a person who is authorised to witness the signing of an affidavit.

You can find a list of these qualified witnesses at the Supreme Court of Victoria website and at the Victorian State Government's department of Justice and Community Safety.

The most accessible people who may witness a power of attorney in Victoria are likely to be one of the following:

Do I need to register a power of attorney in Victoria?
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There is no process, or requirement, for registration of a Power of Attorney in Victoria.

This is unusual because in all states and territories of Australia, other than Victoria, you must register a power of attorney with the relevant Land Titles Office if you seek to rely on it for a transaction involving real estate.

Do the attorneys need to sign a Victorian Enduring Power of Attorney?
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Yes, your attorneys will need to sign the document to confirm that they accept the appointment and agree to follow their duties as attorneys under Victorian law, the Power of Attorney Act 2014 Victoria.

Detailed instructions are included in our Enduring Power of Attorney form.

After you complete and order the form on our website, we will email you the Enduring Power of Attorney document ready for signing. It includes detailed instructions for you and your witnesses. So, you can create a valid legal document with confidence.

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Lawyer prepares a customised Agreement for you.

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Checked by a Lawyer before and after signing.

Special clauses. Eg, directions to your attorney

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Victorian Estate Planning Lawyer at your service

I've created this unique online form so you can make your Enduring Power of Attorney without spending hundreds of dollars on a lawyer.

The Enduring Power of Attorney (Vic) is professionally drafted and easy to complete. It's based on my real world experience over the past 20 years , advising leading Australian businesses and law firms like these...

You can contact me if you have questions or want professional assistance customising the Power of Attorney to reflect your wishes.

Mr Shanti Rubens B.Com LLB

Lawyer, Legal Zebra
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We are confident you will absolutely love Legal Zebra's system for putting your Enduring Power of Attorney (Vicotoria) in black & white. That's because it's so easy to use.

If our online system doesn't give you everything you need to generate your customised VIC Enduring Power of Attorney form in minutes and save you spending hundreds of dollars on a lawyer, then contact us within 60 days of purchase for a 100% money back refund.

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If you make a Power of Attorney in Victoria it only operates while you are alive, so you will also need a Will. See links to related documents: