ENDURING POWER OF ATTORNEY

Despite reforms to the Enduring Power of Attorney papers for Medical Treatment everyone still has the right to make an Enduring Power of Attorney appointment and it is an important way of planning for the future.  In appointing an Enduring Attorney a person does not lose or divest the power but shares it with the Appointee.  That decision making capacity continues even if the person granting such power is later unable to make decisions.

The grant continues until it is revoked or until a VCAT Order overrides it or until the person granting the Power – the principal – dies.

No one can make an Enduring Power of Attorney except for oneself and the Attorney cannot make Medical Treatment decisions unless the Attorney is also a Medical Treatment Decision Maker.

The Attorney may be granted power to make decisions about financial matters, about personal matters or both.

It is required that two adult witnesses are present and sign their witnessing of the execution of the document.  One such witness must be a Medical Practitioner or a person authorised to witness Affidavits such as a Lawyer with a Practising Certificate.