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Why Power of Attorney Documents Matter

You have sorted your Will (or you’re finally thinking about it — good on you). But there’s another essential piece of the estate planning puzzle that too many people skip: your Power of Attorney documents.

At Respect Wills & Estates, we have seen what happens when people assume their partner or adult children can just “step in” and handle things if something goes wrong.

Spoiler: They can’t always — unless it’s legally documented.

If you live in Melbourne, and you are over 40; here’s what you need to know.

What Is a Power of Attorney — and Why Do You Need One?

A Power of Attorney lets someone you trust make decisions on your behalf if you’re no longer able to — temporarily or permanently.

It’s not about death. It’s about real life. Illness, injury, accidents, cognitive decline — all of these can hit without warning, and if you are unprepared, your loved ones are left stuck.

Having Power of Attorney documents in place gives you a say in:

  • Who manages your money if you can’t;

  • Who can make medical decisions for you;

  • Who can access your accounts or deal with banks, Centrelink, or government services on your behalf.

Without them, even your closest loved ones may have to apply to VCAT (the Victorian Civil and Administrative Tribunal) — a stressful, expensive, and slow process.

The 3 Documents Everyone Should Have in Victoria

There are three types of Power of Attorney documents we prepare for our clients:

1. Enduring Power of Attorney (Financial & Personal)
Gives someone the authority to manage your finances, property, and personal affairs — and it continues if you lose capacity.

2. Appointment of Medical Treatment Decision Maker
Lets you appoint someone to make medical decisions for you if you can’t do so yourself which also includes your end-of-life procedure

3. Advance Care Directive
Allows you to document your values, treatment preferences, and end-of-life care wishes in more details.

You might not need all three — but you do need advice on what suits your personal situation.

Real Talk: It’s Not Just for “Old” People

Power of Attorney documents are often thought of as something for the elderly. Not true. We have supported healthy people in their 40s and 50s who faced unexpected surgeries, sudden illnesses, or serious accidents.

Life changes fast. These documents make sure your voice is heard, even when you can’t speak.

What Happens If You Do Not Have One?

If you lose decision-making capacity and do not have a valid Power of Attorney:

  • Banks can freeze your accounts;

  • No one can legally sell or manage your property;

  • Family members may disagree on your medical care;

  • A guardian or administrator may be appointed by VCAT — and it might not be who you would have chosen.

Let’s be honest: that’s a mess your loved ones do not deserve.

At Respect Wills & Estates, We Make It Simple

We are a female-founded Melbourne law firm that believes legal planning should not be confusing, intimidating, or cold.

We explain everything clearly. We tailor your documents to your real-life needs. And we make sure you feel informed and in control — every step of the way.

Ready To Protect Yourself And The People Who Care About You?

Book your FREE 15-minute phone call to talk about your Power of Attorney options — no pressure, no jargon, just a smart conversation about your future. You are never too young to plan wisely — and it’s never too soon to protect your choices.