Powers of Attorney, Medical Treatment Decision Makers & Guardianship

An Executor manages your estate after you pass away, while a Power of Attorney handles financial or personal decisions during your lifetime if you lose capacity. A Medical Treatment Decision Maker makes medical decisions under Victorian law, and a Guardian is responsible for the care and welfare of children or vulnerable adults, making each role distinct within estate planning and administration.

A Power of Attorney is a legal document that lets you appoint someone you trust — called your Attorney — to make decisions on your behalf.

In Victoria, most people need an Enduring Power of Attorney, which means the authority continues (endures) even if you lose capacity due to illness, injury or age‑related conditions; this is different from a general Power of Attorney, which only operates while you still have capacity and is usually used for short‑term or practical purposes.

Many people say “I am Mum’s Power of Attorney,” but that’s not technically correct — the document is the Power of Attorney, and the person appointed is the Attorney — and having this document in place avoids your family needing to apply to VCAT for permission to manage your affairs.

No — in Victoria, a Power of Attorney does not cover medical treatment. An Enduring Power of Attorney allows your appointed Attorney to make financial and personal decisions if you lose capacity, but medical decisions must be made by a Medical Treatment Decision Maker, which is a completely separate legal appointment under Victorian law. Many people assume their Attorney can make medical choices, but the law intentionally separates these roles so your financial decision‑maker and your medical decision‑maker can be different people, each chosen for their strengths.

A Medical Treatment Decision Maker is the person you legally appoint in Victoria to make medical decisions on your behalf if you cannot make them yourself. This role is different from a Power of Attorney because it only covers medical treatment, and it becomes essential if you lose capacity due to illness, injury or age‑related conditions; without one, doctors may need to rely on default decision‑makers who may not fully understand your wishes or values.

An Advance Care Directive is a legally recognised document in Victoria that records your medical treatment preferences, values and instructions for future care, including end‑of‑life decisions. It works alongside your Medical Treatment Decision Maker appointment, giving doctors and your decision‑maker clear guidance about your wishes so they can act confidently if you cannot speak for yourself.

Choosing a guardian means deciding who can provide long‑term stability, emotional support and a home environment that aligns with your values if something happens to you. In Victoria, guardianship instructions are included as part of your Will, and help avoid uncertainty or disputes. We guide you through practical considerations such as lifestyle, parenting style, location, family dynamics and the long‑term needs of your children.

Guardianship for vulnerable adults applies when a person cannot make personal or lifestyle decisions for themselves due to disability, illness or loss of capacity, and someone needs legal authority to make decisions about their care, living arrangements or services. In Victoria, this can be arranged through careful estate planning or, if no arrangements exist, through a VCAT guardianship order, and we help families understand the responsibilities and safeguards involved.

Yes — and in many cases it is the best approach, because the skills needed to be an Executor, Attorney, Medical Treatment Decision Maker or guardian are very different. You may choose one person who is financially responsible to act under your Enduring Power of Attorney, another who is calm and medically minded to make treatment decisions, and someone else entirely to care for your children, allowing each role to be matched to the person best suited to it.

Your family may need to apply to VCAT if you lose capacity and do not have an Enduring Power of Attorney, Medical Treatment Decision Maker or guardianship arrangements already in place. VCAT can appoint a financial administrator or guardian, but the process can be stressful and time‑consuming, which is why preparing these documents in advance is one of the most important parts of estate planning in Victoria.