Key legislation related to powers of attorney

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Powers of Attorney Act

The Powers of Attorney Act 2014 (Vic) (‘POA Act’) ensures that enduring powers of attorney (financial) and enduring powers of guardianship made under previous laws remain valid. The POA Act created a new, non-enduring power of attorney called a ‘supportive attorney’.

Medical Treatment Planning and Decisions Act

The Medical Treatment Planning and Decisions Act 2016 (Vic) (‘MTPD Act’), which commenced on 12 March 2018, affects the powers of personal attorneys. To appoint a person to make decisions about medical treatment and medical research procedures when a person has lost their decision-making capacity, it is necessary to appoint a ‘medical treatment decision-maker’ (MTDM).

The MTPD Act allows the appointment of a support person (see ‘Support people’ in Chapter 8.5: Guardianship and medical treatment).

Key legislation related to powers of attorney

Chapter: 8.6: Understanding powers of attorney

Contributor: Philip Grano, Former Principal Lawyer, Office of the Public Advocate

Current as of: 1 September 2024

Law Handbook Page: 773

Next Section: Appointing an attorney

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