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Power of Attorney

Ensure the right people can step in to manage your medical and financial affairs if life ever takes an unexpected turn.

Why Setting Up a Power of Attorney Can’t Wait

A Will protects your family after you’re gone, but a Power of Attorney protects you while you’re still here. If an unexpected accident, illness, or medical event leaves you temporarily or permanently unable to make decisions, having the right documents in place ensures your choice of representative steps in—not the government.

Financial Security: Ensures bills, mortgages, investments, and business affairs are managed smoothly.

Medical Autonomy: Guarantees medical treatments reflect your personal values and healthcare preferences.

Family Clarity: Prevents stressful family disputes and costly tribunal applications during emotional times.

A photo of Nadya Voloshina, a Power of Attorney Lawyer in Melbourne sitting on a pink couch looking at her laptop.

The Two Crucial Power of attorney Documents Every Adult Needs

Enduring Power of Attorney

Authorises your chosen representative(s) to make financial and personal management decisions on your behalf (e.g., paying bills, managing property, or deciding where you live).

Appointment of Medical Treatment Decision Maker

Authorises a trusted person to make medical treatment decisions for you if you lack the capacity to make them yourself.

Get Your POA Documents in 3 Simple Steps

Free Discovery Call

We discuss your situation, family dynamics, and who you trust to act for you.

Bespoke Drafting

We draft clear, legally sound documents with built-in safeguards to protect your interests.

Signing & Execution

We meet to review, explain everything in plain English, and legally witness your signatures.

Why Our Clients Recommend Our Personal Approach

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Huge thanks to Nadya and her amazing team. They were so efficient and accommodating in organising some papers for my elderly mother and myself.

I am glad I came across this wonderful firm and was happy to drive from the other side of Melbourne to see them, it was worth it! Wishing them all the best for the future.
Ekaterina
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I cannot thank the Respect Wills & Estate team, especially Nadya, enough for making my experience a warm and reassuring interaction.

It’s not the easiest when making a Will but the empathy, with factual information and support from Nadya, made it really easy and seamless for me. Thank you!
Silveira
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We worked with Nadya at Respect Wills. She answered all of our questions with care and clarity, and was absolutely wonderful in guiding us through the process and explaining everything so we understood.

She was really thorough and her communication was excellent. We really appreciate it.
Alexis
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I am incredibly grateful to Nadya and her team at Respect Wills and Estates for their guidance, support, and dedication throughout a long legal process.

I truly appreciate their professionalism, expertise, and compassion every step of the way, and I always felt supported. Thank you for everything you have done.

Lilia
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Ana and Nadya have been absolutely fantastic with guiding me through the Will process. Patient, understanding and very knowledgeable in Estate planning law.

Thank you both for making this process so seamless and easy to understand. You both are the best!
Ali

Your life’s work deserves a secure future.

From protecting your assets and loved ones to navigating the complexities of inheritance, our Wills & Estates specialists provide thoughtful advice across all stages of your Estate journey.

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Frequently Asked Questions

Who should I appoint as my Power of Attorney?

You should appoint someone you trust completely to act in your best interests and make decisions in accordance with your wishes. This is often a spouse, adult child, close family member or trusted friend, but it does not have to be a relative.

Can I appoint more than one Power of Attorney?

Yes, you can appoint multiple attorneys and specify how they make decisions—either jointly (acting together on all decisions) or jointly and severally (acting together or independently). You can also name substitute attorneys to step in if your primary choice is ever unable to act.

What happens if I don’t have a Power of Attorney in Victoria?

If you unexpectedly lose capacity without one in place, your loved ones cannot automatically step in. Instead, your family may have to apply to VCAT (Victorian Civil and Administrative Tribunal) to have a guardian or administrator appointed, which can take time, cost money, and cause unnecessary family stress.

What's the difference between a General and Enduring Power of Attorney?

A General Power of Attorney allows someone you trust to make financial and legal decisions on your behalf while you still have decision-making capacity. It is commonly used for temporary situations, such as when you are travelling overseas or need assistance managing your affairs.

An Enduring Power of Attorney continues to operate if you lose decision-making capacity because of illness, injury or age. It allows your appointed attorney to make financial and personal decisions in accordance with your wishes, providing certainty and avoiding the need for a VCAT-appointed administrator. For most people in Victoria, an Enduring Power of Attorney is an essential part of a complete Estate plan.

What is an Appointment of Medical Treatment Decision Maker?

An Appointment of Medical Treatment Decision Maker is a legal document that allows you to appoint someone you trust to make medical treatment decisions on your behalf if you lose the capacity to make those decisions yourself.

When does an Enduring Power of Attorney take effect?

You are in full control of this. You can choose to have your Enduring Power of Attorney take effect immediately, on a specific date, or only if you lose decision-making capacity (as confirmed by a medical professional).

Can I change or cancel my Power of Attorney later?

Absolutely. As long as you still have decision-making capacity, you can revoke, update, or replace your Power of Attorney documents at any time as your personal or family circumstances change.

Why should I use a lawyer instead of a DIY kit?

Power of Attorney forms in Victoria require strict execution and witnessing procedures to be legally valid. A lawyer ensures your documents are correctly drafted with customised conditions, proper safeguards against misuse, and clear instructions so there are no legal loopholes during a crisis.

Does my partner or spouse automatically have Power of Attorney?

No. Being married or in a de facto relationship does not automatically give your partner legal authority to manage your personal bank accounts, sell property, or handle business investments on your behalf if you lose capacity. Without a formal document, they may be locked out of making critical financial decisions.

What is the difference between a Will and a Power of Attorney?

A Will only takes effect after you pass away to distribute your Estate to your beneficiaries. A Power of Attorney works during your lifetime to protect you, your health, and your finances if an unexpected illness or injury leaves you unable to speak or make decisions for yourself.