• SKIP TO CONTENT
  • A+
  • A–
  • Ελληνικά / Greek
  • Italiano / Italian
  • 中文 / Chinese Simplified
  • Tiếng Việt / Vietnamese
  • العربية / Arabic
  • More languages...
  • Contact us
  • Community languages
  • Media centre
  • Staff portal
  • Volunteer portal

Office of the Public Advocate logo

Safeguarding the rights and interests of people with disability.

Advice Service

9am-4.45pm, Monday to Friday

1300 309 337

  • Home
  • Our work

    Our work

    • Advice Service
    • Advocacy services
    • Community Visitors
    • Community education
    • Residential Notices
    • Disability Royal Commission
  • Resources

    Resources

    • Annual reports
    • Booklets
    • Fact sheets
    • Flowcharts
    • Brochures
    • Forms
    • Koori
    • NDIS Deeds
    • OPA policies
    • Position statements
    • Research reports
    • Standards
    • Strategic plans
    • Submissions
  • Guardianship

    Guardianship

    • When guardianship or administration is needed
    • Supportive guardians and supportive administrators
    • Making an application to VCAT
    • When the Public Advocate is appointed as guardian
    • Role and responsibilities of guardians and administrators
    • Guardianship and administration from 1 March 2020
    • Guardianship and administration orders made before 1 March 2020
    • Information for service providers (NDIS)
    • Resources
  • Plan for the future

    Plan for the future

    • Future planning in the time of COVID-19
    • Why plan ahead?
    • When a person cannot plan for their future
    • The planning process
    • Appointing a person to support you in making decisions
    • Making an enduring power of attorney
    • Making an advance care directive
    • Appointing a medical treatment decision maker
    • Forms
    • Advance care planning information for professionals
    • Information for attorneys
    • Information for witnesses
    • Information for lawyers
  • Medical decisions

    Medical decisions

    • For health practitioners
    • Identifying the medical treatment decision-maker
    • Information for medical treatment decision makers
    • Health practitioners seeking a decision by OPA
    • Additional information for professionals
    • Glossary of terms
    • Guideline on the administration of the COVID-19 vaccine
  • Volunteering

    Volunteering

    • Volunteer programs
    • Community Visitors
    • Independent Third Persons
    • Corrections Independent Support Officers
    • Community guardians
    • Become a volunteer
    • Volunteer vacancies
    • Volunteer stories
  • About us

    About us

    • The Public Advocate
    • OPA stories
    • Vision
    • Protocols
    • Careers at OPA
    • Speeches and Op-eds
    • Contact us
    • Media centre
  • Home
  • Plan for the future
  • Why plan ahead?
  • Plan for the future
  • Planning for the future

Plan for the future

  • Future planning in the time of COVID-19
  • Why plan ahead?
  • When a person cannot plan for their future
  • The planning process
  • Appointing a person to support you in making decisions
  • Making an enduring power of attorney
  • Making an advance care directive
  • Appointing a medical treatment decision maker
  • Forms
  • Advance care planning information for professionals
  • Information for attorneys
  • Information for witnesses
  • Information for lawyers
Page content

Why plan ahead?

Print this page

Why plan ahead?

While the majority of appointments work well, sometimes things go wrong.

It may be that the person you thought you could trust to act for you does not keep on top of your needs, or misuses your money.

The guide You Decide Who Decides has tips on how to reduce this risk.

If things do go wrong, there are steps you and others can take to stop this, such as applying to the Victorian Civil and Administrative Tribunal (VCAT).

If you do not appoint anyone

It is your choice whether to appoint someone who will have legal authority to make decisions for you. For example, there may be no one suitable, or you think you will be able to make decisions into the future if you have support. 

There are safeguards if you do not appoint someone. The law in Victoria specifies who can make a medical treatment decision for you if you are unable to make the decision (see Identifying the medical treatment decision maker).

No one has automatic legal authority to make other types of decisions for you  (such as about your finances or where you live). However,  VCAT can appoint someone, if necessary.

An ongoing process

The planning process is ongoing. Your circumstances and wishes may change.

If you make legal documents, it is a good idea to review these at least every two years.

Planning for your future decision-making is about your important right, as an adult, to make your own decisions.

For this reason, only you can plan for your future decision-making.

No one else has the right to do this type of planning for you, although others can support you.

Taking time to work through the steps below is a good place to start.

Think about what is important to you

This is easiest to do while you are well.

For example, you may value:

  • living in your own home
  • maintaining connections with family and close friends
  • retaining links to your community
  • specific activities.

Know your options

Under the law in Victoria, you can:

  • appoint someone to support you to make decisions - see Appointing a person to support you in making decisions >>
  • appoint a person (or people) to make medical, lifestyle or financial decisions for you in the future, if you do not have decision-making capacity to make a specific decision - see  Appointing a medical treatment decision maker and  Making an enduring power of attorney
  • include information for the people you appoint, or instructions or conditions
  • make decisions in advance about medical treatment you consent to or refuse - see Making an advance care directive.

You may choose to make use of some, all or none of these.

Take the time to think about them, talk to others, and seek advice if you need to.

Let those close to you know what is important to you

Regardless of whether you choose to make use of any of the options, it is important people close to you understand what you value and your wishes. If they know this, it will help make sure decisions are made as you would want in the future.

If there is no one suitable to share thisc information with, it can nevertheless be helpful to write down your values and wishes. If someone who doesn't know you, such as Victoria’s Public Advocate, needs to make a decision for you in the future, this information will be helpful.

Starting the conversation 

Starting the conversation can be the hardest part. The following organisations have information and resources that can help you with this:

Dying to Talk 

Advance Care Planning Australia  

Better Health Channel  

Think about who you will choose

If you decide to appoint a person, or people, who will have legal authority to make decisions for you, think about what qualities are important to you. For example, you may want someone who:

  • is willing to listen to, and act on, your wishes rather than their own
  • is trustworthy
  • has the skill and time required
  • is willing to take on the role with all its responsibilities
  • can communicate effectively and is willing to consult with others
  • understands and respects your culture and connections with your community
  • can manage property and money well.

Risks and safeguards

While the majority of appointments work well, sometimes things go wrong.

It may be that the person you thought you could trust to act for you does not keep on top of your needs, or misuses your money.

You can reduce this risk. The guide You Decide Who Decides, available on the OPA website, has tips on how to do this.

If things do go wrong, there are steps you and others can take to stop this, such as applying to the Victorian Civil and Administrative Tribunal (VCAT).

If you do not appoint anyone

It is your choice whether to appoint someone who will have legal authority to make decisions for you. For example, there may be no one suitable, or you think you will be able to make decisions into the future if you have support. 

There are safeguards if you do not appoint someone. The law in Victoria specifies who can make a medical treatment decision for you if you are unable to make the decision (see Identifying the medical treatment decision maker).

No one has automatic legal authority to make other types of decisions for you  (such as about your finances or where you live). However,  VCAT can appoint someone, if necessary.

An ongoing process

The planning process is ongoing. Your circumstances and wishes may change.

If you make legal documents, it is a good idea to review these at least every two years.

 

What if an injury, illness or disability meant you needed support to make decisions? Who would you want to support you?

If you became unable to make some decisions, would those close to you know the preferences and values that guide you when you make decisions? For example, decisions about your finances, medical treatment, or how you live. Who would you trust to make decisions for you?

This section walks you through the process of planning for your future decision-making, and explains your options. This can include completing legal documents.

Sometimes people think they should start with the legal documents.

However by taking time to reflect on what is important to you, and by having conversations with those close to you, ensures that if you ultimately choose to complete legal documents, they will reflect what you really want.

Office of the Public Advocate Logo

Contact us

Level 1, 204 Lygon Street
Carlton, Victoria 3053
Australia

View map

Phone: 1300 309 337

TTY: 1300 305 612

Fax: 1300 787 510

Contact us
After hours assistance
  • Office of the Public Advocate, Victoria, Australia
  • Copyright
  • Disclaimer
  • Privacy
  • Accessibility
The Office of the Public Advocate is located on the land of the Traditional Owners, the Wurundjeri people of the Kulin Nations. We acknowledge their history, culture and Elders both past and present.