Enduring power of attorney in Victoria: how to make one

An enduring power of attorney lets someone you trust make decisions for you if you can't. This guide covers how it works in Victoria. For the general picture across Australia, see our guide to enduring power of attorney.

Who can make one

You can make an enduring power of attorney in Victoria if you are 18 or older and have the decision-making capacity to do so. The person you appoint is called your attorney. The Office of the Public Advocate says choosing who to appoint is your most important decision.

Medical decisions are separate

In Victoria your attorney cannot make medical treatment decisions for you unless they are also your medical treatment decision maker. You choose your medical treatment decision maker with a separate Appointment of Medical Treatment Decision Maker form. Since March 2018 this appointment has replaced the old enduring power of attorney (medical treatment). You can also make an advance care directive to record your treatment wishes.

Where to get the form

The enduring power of attorney form is on the Department of Justice and Community Safety website. The Office of the Public Advocate publishes guides, including its Take Control handbook, and runs an advice service on 1300 309 337.

Witnessing

Victoria has specific witnessing requirements for an enduring power of attorney, an appointment of a medical treatment decision maker, and an advance care directive. Your witnesses must be satisfied that you are acting freely and voluntarily and have the capacity to make the appointment. The form explains who can witness it, so read that section before you arrange your signing.

If you don't appoint anyone

If you haven't appointed anyone and you can't make a decision when it needs to be made, the Victorian Civil and Administrative Tribunal (VCAT) can appoint someone, such as the Public Advocate or a trustee company.

After it's signed

Once it's signed, keep the original somewhere safe, give copies to the people who may need them, and write down where the original is kept. Our guide to storing important documents has more on this. If your situation is complicated, or you're not sure which document you need, a solicitor can help.

Sources

• Office of the Public Advocate (Vic): Making an enduring power of attorney (checked November 2026)
• Office of the Public Advocate (Vic): Making a power of attorney (checked November 2026)
• Victorian Government: Justice of the Peace handbook, medical decision-making (checked November 2026)

This guide is general information only, not legal or financial advice.