Enduring Power of Attorney (Personal and/or Financial) VIC
Use Cleardocs to create an Enduring Power of Attorney for use in Victoria, Australia. An Enduring Power of Attorney is a legal document that a person uses to appoint someone as their attorney to make personal or financial decisions for them, or both.
Time taken to complete 10 minutes.
Cost$ 66.00 (inc GST)
Legal Sign-offThe master documents are written in plain language and are signed-off by our lawyers at Maddocks.
What documents are included in the Cleardocs Enduring Power of Attorney (Personal and/or Financial) VIC package?
You will receive:
- the Enduring Power of Attorney — customised to reflect whether the attorney is appointed to make personal or financial decisions, or both;
- a Statement of Acceptance of Attorney;
- a Statement of Alternative Attorney (if applicable);
- Witness Certificates;
- an information page outlining the duties of the attorney as provided by the law; and
- an Establishment Kit explaining what to do next.
When does the attorney's appointment commence?
An attorney's appointment can commence:
- when the document is signed;
- when the person appointing the attorney ceases to have decision making capacity for the matters for which the attorney is appointed; or
- on a certain date.
When you order a power of attorney from Cleardocs, you can select which of the above option applies.
Who is eligible to be appointed as an attorney?
An individual is eligible to be appointed as an attorney under an enduring power of attorney if the individual is a person —
- who is over 18 years of age;
- who is not an insolvent under administration;
- who, if the individual is to be an attorney for financial matters, has not been convicted or found guilty of an offence involving dishonesty; and
- who is not a care worker, a health provider or accommodation provider of the person appointing the attorney.
What considerations must an attorney take into account?
If a person is appointed as attorney to make decisions on the other person's behalf, then the law says the attorney must, among other things:
- act in the other person's best interests;
- act honestly, diligently and in good faith;
- exercise reasonable skill and care;
- not use the position for profit;
- avoid situations in which the attorney has a conflict of interest;
- not disclose confidential information; and
- keep accurate records of dealings and transactions entered into under the enduring power of attorney.
Seek legal advice
The Enduring Power of Attorney information here should be considered general in nature, and in no way interpreted as legal advice. You must always seek your own independent legal, accounting and financial advice about your particular situation. The summary on this page is for information purposes only.
Questions or further information
If you have questions:
- about how to use Cleardocs, contact the Cleardocs helpline on 1300 307 343.
- about legal issues, contact the Cleardocs helpline on 1300 307 343. If you need advice, we will arrange for you to speak with a lawyer at Maddocks. The firm provides a free legal helpline in relation to the documents Cleardocs provides. If you require other legal advice in relation to your particular circumstances, then this will be charged for.
- Option to appoint attorneys for either financial or personal matters, or both
- Flexibility to appoint different attorneys for financial and personal matters
- Flexibility to appoint an alternative attorney in case no attorney is able to act
- Options to impose conditions on attorneys
- Extensive online help and local phone support
- Easy to use question interface