Enduring Powers of Attorney in Bendigo

Choose who can make decisions for you

An enduring power of attorney allows you to appoint someone you trust to make personal or financial decisions on your behalf.

The appointment can continue if illness, injury or another circumstance leaves you unable to make particular decisions for yourself.

O’Haire Legal prepares enduring powers of attorney for individuals and couples throughout Bendigo and surrounding areas.

Individual: $300
Couple: $500

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What is an enduring power of attorney?

An enduring power of attorney is a legal document in which you appoint another person—known as your attorney—to make decisions for you.

Depending on the authority you give them, your attorney may make decisions about:

  • managing bank accounts and paying expenses;

  • buying, selling or managing property;

  • dealing with government agencies and service providers;

  • managing legal and financial affairs;

  • where you live;

  • the personal services you receive; and

  • other personal matters.

You can decide which powers to give your attorney, when those powers begin and whether any conditions or limitations should apply.

Why should you make one?

An enduring power of attorney is not only for older people. An accident, illness or unexpected loss of decision-making capacity can occur at any age.

Having a valid appointment in place allows a person chosen by you to manage your affairs when assistance is needed.

Without an enduring power of attorney, a family member may need to apply to the Victorian Civil and Administrative Tribunal for an appropriate appointment. The person appointed may not necessarily be the person you would have chosen.

Clear advice and straightforward fees

Individual

Enduring power of attorney: $300

Couple

Enduring powers of attorney: $500

These prices apply to standard appointments. We will advise you before undertaking any additional work if your instructions involve unusual or complex arrangements.

Choosing the right attorney

An attorney may be given considerable authority over your personal or financial affairs. You should appoint someone who:

  • you trust completely;

  • understands your wishes;

  • will act carefully and responsibly;

  • can manage financial or administrative matters;

  • is willing to accept the appointment; and

  • is unlikely to have a conflict of interest.

You may appoint more than one attorney and specify whether they must act jointly, separately or by another permitted arrangement. You can also appoint an alternative attorney if your first choice becomes unable or unwilling to act.

When will the power begin?

You can specify when your attorney’s authority begins.

Depending on your instructions, the authority may begin:

  • immediately;

  • from a specified date;

  • when a particular event occurs; or

  • when you no longer have decision-making capacity for the relevant matter.

We will discuss the available options and ensure the document reflects your intentions.

Personal and financial decisions

An enduring power of attorney may cover:

Financial matters

This can include banking, paying expenses, managing investments, dealing with property and handling other financial or legal affairs.

Personal matters

This can include decisions about where you live, the support services you receive and other matters concerning your personal lifestyle.

You may appoint the same attorney for both areas or appoint different people for personal and financial matters.

Our process

1. Initial consultation

We discuss your circumstances, the people you wish to appoint and the decisions they may need to make.

2. Preparation

We prepare the enduring power of attorney according to your instructions.

3. Review and explanation

We explain the document, when it operates and the authority being given to each attorney.

4. Signing

We arrange for the document to be signed and witnessed correctly.

When should you review your power of attorney?

You should review your appointment if:

  • your relationship with an attorney changes;

  • an attorney dies or becomes unable to act;

  • you separate or divorce;

  • your financial or personal circumstances change;

  • you move interstate or overseas;

  • the document no longer reflects your wishes; or

  • you want to change when or how the authority operates.

You may revoke an enduring power of attorney while you have the decision-making capacity required to do so.

Frequently Asked Questions

  • A general non-enduring power of attorney may authorise someone to deal with financial matters for a limited period, but it does not continue if you lose decision-making capacity. An enduring power of attorney can continue in those circumstances.

  • Yes. You can appoint more than one attorney and specify how they are to make decisions. The appropriate arrangement will depend on your circumstances and the people being appointed.

  • No. Medical treatment decisions are governed by separate Victorian legislation. You must use a separate document if you want to appoint a medical treatment decision maker.

  • Yes. You may limit the appointment to particular matters and include conditions or instructions about how the authority is exercised.

  • You may revoke the appointment while you have the decision-making capacity required to do so. Relevant attorneys and organisations should be notified if the appointment is revoked.

  • Making an enduring power of attorney does not automatically prevent you from making your own decisions. Your attorney’s authority depends on the terms of the document and when you have directed the power to commence.