How to make an Enduring Power of Attorney in Victoria
In Victoria, an Enduring Power of Attorney (EPOA) is made under the Powers of Attorney Act 2014 (Vic). The principal completes the prescribed form, chooses attorneys for financial or personal matters (or both), and signs in front of two eligible witnesses — one of whom must be authorised to witness statutory declarations. Each attorney must then sign a written acceptance before they can act.
The framework
The Powers of Attorney Act 2014 (Vic) governs enduring powers of attorney for financial and personal matters. VCAT has jurisdiction to review, vary, or revoke an EPOA under Part 7. The Medical Treatment Planning and Decisions Act 2016 (Vic) governs medical treatment decision makers separately.
The process
Confirm you have decision-making capacity
You must have decision-making capacity to make an EPOA. Capacity is decision-specific. If capacity is uncertain, obtain a capacity assessment from a GP or specialist before signing.
Decide which matters to cover
You can appoint attorneys for financial matters, personal matters, or both. Financial covers banking, property, and investments. Personal covers where you live, health care consent, and lifestyle decisions.
Choose your attorneys
Choose one or more attorneys aged 18+ who are not insolvent (for financial matters). Decide whether they act jointly, severally, jointly-and-severally, or by majority. Consider naming an alternative attorney.
Decide when the power commences
For financial matters you can choose commencement immediately, on a specified date, or only when you lose capacity. For personal matters the power only operates when you lose capacity.
Draft conditions and instructions
Add any conditions, limitations, or instructions — for example, restricting gifts, requiring consultation, or specifying values about accommodation and health care.
Use the prescribed form
Use the current Victorian EPOA form prescribed under the Powers of Attorney Regulations. The form includes statements that the principal understands the effect of the appointment.
Sign in front of two eligible witnesses
Sign in the physical presence of two eligible witnesses simultaneously. One witness must be authorised to witness statutory declarations. Neither witness can be an attorney, a relative of the principal or attorney, or a care worker.
Witnesses complete the certificate
Each witness signs a certificate confirming the principal appeared to have decision-making capacity, signed voluntarily, and understood the effect of the EPOA.
Each attorney signs acceptance
Each attorney must sign the written statement of acceptance before they can act. Acceptance can be done at the same appointment or later — but no attorney can exercise power until they have accepted in writing.
Store safely and notify
Keep the original in a safe place. Give copies to each attorney, your GP, bank (if financial power is immediate), and solicitor. Review the document after major life events — marriage, divorce, death of an attorney, or loss of trust.
Forms and templates
- Enduring Power of Attorney (financial / personal matters) — prescribed form
- Revocation of Enduring Power of Attorney form
Common mistakes
- Using an outdated form that predates the Powers of Attorney Act 2014 (Vic)
- Witnessing by an ineligible person (a relative, an attorney, a care worker)
- Signing without both witnesses present simultaneously
- Failing to have each attorney sign the written acceptance before they act
- Confusing EPOA with a medical treatment decision maker appointment (which is a separate document under the Medical Treatment Planning and Decisions Act 2016)
Get this process right with Quillio
Quillio can draft Victorian EPOAs — financial, personal, or combined — with tailored conditions under the Powers of Attorney Act 2014 (Vic). See /practice-areas/wills-estates-lawyers or start a free trial at /free-trial.
General information only — not legal advice. An EPOA that fails a witnessing or capacity requirement may be invalid when most needed. Obtain legal advice for blended families, cross-border estates, or capacity concerns.
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