Guides / What an enduring power of attorney is
What is an enduring power of attorney?
An enduring power of attorney is a legal document in which you (the principal) appoint someone you trust (your attorney) to make decisions for you. "Enduring" means it keeps working if you lose the capacity to make those decisions yourself. This guide covers Victorian law.
In short
- It can cover financial matters, personal matters, or both.
- It does not cover medical treatment.
- It continues if you lose capacity.
- You keep the right to make your own decisions while you can.
- It ends on your death. After that your will and your executor take over.
What an enduring power of attorney can cover
- Financial matters: paying bills, running bank accounts, investments, running a business, buying and selling property, and legal matters about money or property.
- Personal matters: where and with whom you live, who you see, work, education, and daily living such as diet and dress.
What an enduring power of attorney cannot do
An attorney cannot make or revoke your will, make or revoke an enduring power of attorney for you, vote for you, consent to your marriage or its dissolution, make decisions about the care and wellbeing of your child, or manage your estate after your death. An attorney also cannot hand the job to someone else.
When an enduring power of attorney starts
You choose: straight away, when you lose capacity, or at another time or event. If you do not choose, it starts when it is made. Even if you chose a later start, your attorney may act for a matter during any period when you lack capacity for it. A bank or other party can ask the attorney for evidence that you have lost capacity, such as a medical certificate.
How your attorney must act
When acting for someone who has lost capacity, an attorney must give effect to that person’s wishes as far as practicable, encourage them to take part in decisions, and act in a way that promotes their personal and social wellbeing. The duties are set out in An attorney’s duties and records.
How it differs from other documents
| Document | What it does | Continues after loss of capacity? |
|---|---|---|
| Enduring power of attorney | Financial and personal decisions | Yes |
| General non-enduring power of attorney | Usually a set task or period, such as while you are overseas | No. Under the general law it ends when you lose capacity |
| Supportive attorney appointment | Helps you make and carry out your own decisions | No. It has no effect while you lack capacity |
| Appointment of medical treatment decision maker | Medical treatment decisions | It operates when you cannot make the decision yourself |
| Will | What happens to your property after you die | Takes effect only on death |
Enduring power of attorney: common questions
Have another question? Phone 1800 776 529 or send us a message.
Any adult who owns property, runs a business or would want a say in who decides for them. [CHECK: decide on wording.]
No. There is no central power of attorney register in Victoria. [CHECK: Land Use Victoria requirements when an attorney signs a land dealing.]
Yes. A power made in compliance with the Act has effect as a deed.
Next step
To make an enduring power of attorney with a lawyer, send instructions or call 1800 776 529. The fee is on the Fees page.
The law
- Powers of Attorney Act 2014 (Vic) ss 3, 21, 22, 25, 26, 39, 42, 51, 81, 102.
Last reviewed: November 2026. This page is general information about Victorian law as at November 2026. It is not legal advice about your circumstances.
Send us an enquiry
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To send documents, use the Send instructions form. If something is about to happen in the next few days, such as a sale or a hearing, please also call us.
Phone: 1800 776 529
Email: info@enduringpowerofattorney.com.au
Hours: Monday to Friday, 9 am to 5:30 pm
Office: 435 Nepean Highway, Frankston VIC 3199 (by appointment)
We act for attorneys and for families, but never for both sides of the same dispute. Before we start, we check that we have not acted for anyone else involved. [CHECK: confirm this line]