Powers of attorney

Powers of attorney

About this page

Powers of attorney are legal documents that let you choose someone who can make decisions for you. Powers of attorney give you choice and control.

They let you to choose who you trust to make decisions for you if you become unable to make decisions for yourself. There are four different powers: three enduring powers and one general power. The type of power determines the types of decisions you can give other people to make for you.

Changes to the law

Powers of attorney laws in Victoria will change on 1 September 2015.

Changes include:

  • combining of the enduring power of attorney (financial) and enduring power of guardianship
  • new forms for making appointments for powers of attorney
  • the new role of a supportive attorney.

The enduring power of attorney (medical treatment) form will stay the same.

For more information about the changes, see the Department of Justice and Regulation website.

OPA's powers of attorney publications

OPA's powers of attorney publications, including Take control, are being updated to reflect these new laws, and are currently not available to be ordered online.

New powers of attorney publications will be available in September.

You can still download copies of OPA's current powers of attorney publications from this website.

Making powers of attorney or guardianship before the law changes

Any power of attorney or guardianship made before 1 September 2015 will be valid after 1 September 2015. 

If you need to make a power of attorney or guardianship before 1 September 2015, you can:

  • download the current edition of the publication Take control
  • call OPA's Advice Service on 1300 309 337 to order a copy of the current edition of Take control.

Click here to download a copy of Take control.

OPA and powers of attorney

The Office of the Public Advocate strongly recommends everyone over 18 years consider making powers of attorney.
OPA provides a range of information regarding powers of attorney, including advice on:

  • which power is right for you
  • why you should appoint powers of attorney
  • how to appoint powers of attorney
  • how to revoke powers of attorney.

OPA, in partnership with Victoria Legal Aid (VLA), provides a range of forms, fact sheets and guides to making powers of attorney. This includes Take Control: a kit for making powers of attorney. This step by step guide is available from both OPA and VLA.

OPA promotes the informed use of enduring powers of attorney, financial, medical and guardianship, as a way a competent person can appoint others to make decisions and manage their affairs in the event they are unable to make decisions for themselves.

Frequently asked questions

Click on the questions below to find out more information about powers of attorney. 

Why would I need a power of attorney?
Enduring powers and general power of attorney; which one is right for you?
What is an Enduring Power of Guardianship?
What kinds of decisions can I give other people the power to make?
Who can witness statutory declarations in Victoria?

Where can I get more information?

If you have further questions about powers of attorney financial, medical and guardianship, please contact the OPA Advice Service on 1300 309 337 or TTY 1300 305 612

OPA can provide information about personal enduring powers of attorney financial, but not about the use of enduring powers of attorney in relation to businesses, companies or trusts.

These matters require specialist legal advice and you may wish to contact the Victoria Legal Aid telephone information service on (03) 9269 0120 or 1800 677 402 (country callers).