Power of Attorney in Victoria

Yes, an attorney acting under an Enduring Power of Attorney in Victoria can sell real property on the principal's behalf, unless the POA document specifically restricts this power. Under the Powers of Attorney Act 2014, the attorney must act honestly, diligently, and in the principal's best interests. They must avoid conflicts of interest and keep accurate records. For property transactions, the attorney will typically need to provide the original POA or a certified copy to conveyancers, banks, and PEXA (Victoria's electronic conveyancing platform).

To create an Enduring Power of Attorney in Victoria under the Powers of Attorney Act 2014, you must be at least 18 years old and have decision-making capacity. The document must be signed by you in the presence of two witnesses — at least one of whom must be authorised to witness affidavits (such as a doctor, pharmacist, lawyer, police officer, or bank manager). Both witnesses must certify that you signed voluntarily and appeared to understand the effect. With ezyWill, you can create your Victorian Enduring Power of Attorney online in under 20 minutes, then print and have it properly witnessed.

A Supportive Attorney is a unique Victorian instrument introduced by the Powers of Attorney Act 2014. Unlike a standard power of attorney where someone makes decisions for you, a Supportive Attorney helps you make and communicate your own decisions. They can access your information, communicate your decisions to others, and take reasonable steps to give effect to your decisions. This is particularly useful for people who have some decision-making ability but need support — for example, someone with mild cognitive impairment, an intellectual disability, or an acquired brain injury.

A solicitor in Victoria typically charges $350–$1,000 to prepare an Enduring Power of Attorney, depending on complexity. If you also need a Medical Treatment Decision Maker appointment or Advance Care Directive, this may cost an additional $200–$500. With ezyWill, you can create your Victorian Enduring Power of Attorney for $99, which includes the state-specific document, clear witnessing instructions, and secure Digital Vault storage.

To revoke an Enduring Power of Attorney in Victoria, you must have decision-making capacity. The revocation must be in writing and signed in the presence of two witnesses (at least one authorised to witness affidavits), following the same requirements as the original POA. You must give written notice of the revocation to each attorney. If you are concerned about an attorney's conduct and cannot revoke the POA yourself, an interested party can apply to VCAT for a review. VCAT can suspend or revoke the power of attorney if the attorney is not acting appropriately.

In Victoria, an Enduring Power of Attorney (Financial) authorises your attorney to manage your finances and property. A Medical Treatment Decision Maker, appointed under the Medical Treatment Planning and Decisions Act 2016, makes medical treatment decisions on your behalf if you cannot. An Advance Care Directive is a separate document where you record your own preferences and instructions about future medical treatment directly — it is not an appointment of another person but rather a statement of your wishes. Ideally, you should have all three documents as part of a comprehensive estate plan.