For Victorians over 60, three legal documents form the backbone of future planning: an Enduring Power of Attorney, a Medical Treatment Decision Maker appointment, and an Advance Care Directive. Together they ensure that if you are ever unable to speak for yourself, the right people are authorised to act, and your wishes are clearly on record. This guide walks through what each document does, where to find the official forms, and when to seek professional advice.
Why these three documents matter — and why timing is everything
There is a common misconception that future-planning documents are only for people who are very unwell or very old. In practice, the opposite is true: these documents have the most value when they are completed while you are in good health, clear-minded, and able to think through your choices without pressure. Once a person loses legal capacity — through dementia, a stroke, an accident, or serious illness — it is too late to sign these documents. At that point, the people who love you may need to apply to the Victorian Civil and Administrative Tribunal (VCAT) for authority to act on your behalf, which is a stressful and sometimes lengthy process.
For anyone over 60 in Victoria, attending to these three documents is one of the most practical acts of care you can extend to your family. It removes ambiguity at precisely the moment when families are already under emotional strain. It also means your voice is heard on medical decisions even if you cannot speak. Think of it less as paperwork and more as a clear, considered message to the people who will be looking after you.
None of these documents require a lawyer to complete, though legal advice is strongly recommended for anything complex — and 'complex' covers more situations than you might expect. A blended family, a business interest, assets in another country, or a previous marriage can all create complications. This guide gives you the plain-English foundation; a qualified legal professional or the Office of the Public Advocate can help you go further.
What is an Enduring Power of Attorney — and what does it cover?
An Enduring Power of Attorney (EPOA) is a legal document that authorises another person — your 'attorney' — to make decisions on your behalf. In Victoria, it is governed by the Powers of Attorney Act 2014. The word 'enduring' is the key distinction: unlike an ordinary power of attorney, which stops operating if you lose mental capacity, an enduring power of attorney continues to operate precisely because you have lost capacity. That is its purpose.
A Victorian EPOA can cover two separate areas of decision-making, and you can appoint different people for each. The first is financial matters: managing your bank accounts, paying bills, selling property, operating a business, or handling investments. The second is personal matters: deciding where you live, what care you receive day-to-day, and other lifestyle decisions. You can grant one or both powers in the same document, and you can set conditions or limitations — for example, restricting the attorney's authority to act only if a doctor certifies you have lost capacity.
Choosing your attorney is the most important decision in this process. It should be someone you trust absolutely, who understands your values, and who is organised and financially responsible. You can appoint more than one attorney and specify whether they must act jointly (together) or severally (independently). The Office of the Public Advocate recommends discussing the role in detail with the person before you appoint them, so there are no surprises.
How do I set up an Enduring Power of Attorney in Victoria?
The official EPOA form for Victoria is available free of charge from the Office of the Public Advocate website at publicadvocate.vic.gov.au. The form comes with detailed instructions. You fill in your details, the details of your chosen attorney or attorneys, and any conditions you wish to apply. Before the document has any legal effect, it must be signed and witnessed correctly.
Witnessing rules are specific and matter. As of the current legislation, the principal (you) must sign the document in the presence of two witnesses, at least one of whom must be authorised to witness affidavits — this includes a justice of the peace, a solicitor, a barrister, or a medical practitioner. Your attorney, and certain relatives of either you or the attorney, cannot be witnesses. These rules exist to protect you from coercion. The Office of the Public Advocate's instructions set out the full list of eligible and ineligible witnesses; read them carefully or ask a professional to guide you through the signing.
Once signed and witnessed correctly, the document is legally valid. There is no government registration required for personal matters, though registering a property-related EPOA with Land Use Victoria may be necessary before it can be used for real estate transactions. Keep the original in a safe place and give certified copies to your attorney, your bank, and your solicitor if you have one. State Trustees Victoria can also assist with preparation and storage of these documents; check their current fee schedule on their website.
What is a Medical Treatment Decision Maker, and how is it different from a Power of Attorney?
A Medical Treatment Decision Maker (MTDM) is a separate appointment from an Enduring Power of Attorney. This distinction trips up many people. An attorney appointed under an EPOA for 'personal matters' does not automatically have authority to make medical treatment decisions — that requires a specific MTDM appointment under the Medical Treatment Planning and Decisions Act 2016. The two Acts operate alongside each other but cover different ground.
Your MTDM is the person who can consent to or refuse medical treatment on your behalf when you cannot make or communicate decisions yourself. This is a profound responsibility. The MTDM must make decisions that reflect your known wishes, values, and preferences — not their own. If your wishes are unknown, they must act in your best interests. Having a conversation with your MTDM about what matters to you — quality of life, religious or cultural values, views on life-sustaining treatment — is just as important as completing the form.
You can appoint any adult who is not your paid carer and who is not your treating health professional. A spouse, adult child, close friend, or trusted community member can all serve in this role. If you do not appoint anyone, the law sets out a hierarchy of people who will act as your MTDM by default — starting with a spouse or domestic partner, then an adult child, then a parent, and so on. Completing the formal appointment document means you choose who that person is, rather than leaving it to the default hierarchy, which may not reflect your actual wishes or family circumstances.
How do I write an Advance Care Directive to state my future medical preferences?
An Advance Care Directive (ACD) is a written document in which you record your values, preferences, and specific instructions about medical treatment for a time when you cannot speak for yourself. In Victoria, it is a legally binding document under the Medical Treatment Planning and Decisions Act 2016. It is different from the MTDM appointment: the MTDM is a person you authorise; the ACD is the document that records your own voice directly.
The official Victorian ACD form is available free from the Office of the Public Advocate at publicadvocate.vic.gov.au. It has two main sections. The first is an 'instructional directive', where you can give specific instructions — for example, whether you would or would not want cardiopulmonary resuscitation, mechanical ventilation, or artificial nutrition in particular circumstances. The second is a 'values directive', where you describe what matters to you, what makes life meaningful, and how you feel about pain, dignity, and independence. You can complete one or both sections. Health professionals are legally required to follow a valid instructional directive.
The ACD must be signed in the presence of a witness who is a registered medical practitioner or a registered nurse with at least three years' experience, and that witness must also certify that you appeared to have decision-making capacity when you signed. Your MTDM, if you have appointed one, should receive a copy, as should your GP and any specialist involved in your care. Advance Care Planning Australia (advancecareplanning.org.au) offers plain-English resources and conversation guides that are particularly useful for thinking through what you want to say before you write it down.
Witnessing, storing, and keeping documents current
All three documents have specific witnessing requirements, and getting them wrong means the document has no legal effect. Do not rush the signing process. Read the instructions that accompany each official form, or ask the Office of the Public Advocate's information line for guidance before you sit down to sign. A justice of the peace — available free at many local libraries, council offices, and police stations across Victoria — can witness the EPOA in many circumstances, which makes completing the document accessible without the cost of a solicitor, though legal advice is still worthwhile for complex situations.
Where you store the originals matters. Tell your attorney where the EPOA is kept. Tell your MTDM and your GP where your ACD is stored. If documents are locked away and nobody knows where they are, they cannot be acted on in an emergency. Some people keep a card in their wallet indicating that an ACD exists and naming their MTDM. If you are hospitalised, hospital staff will ask about these documents; having them accessible — or a copy lodged with your GP's practice — can make a significant difference.
These documents are not set-and-forget. Review them after major life changes: a relationship ending or beginning, the death of an appointed attorney or MTDM, a significant change in your health, or a shift in your values about treatment. You can revoke or update any of these documents while you have capacity. The Office of the Public Advocate website explains the revocation process for each document type. Reviewing them every few years as part of broader estate planning is a sound habit.
When to seek professional advice — and where to find it
For straightforward situations — a long-term couple, no business interests, adult children who are in agreement — completing these documents with the official forms and the Office of the Public Advocate's guidance may be entirely manageable. However, professional advice from a solicitor experienced in elder law is genuinely worth the cost if your circumstances involve a second marriage, stepchildren, estranged family members, significant property or assets, a family member with a disability who may need ongoing support, or any cultural or religious considerations that require careful wording.
Victoria Legal Aid (legalaid.vic.gov.au) provides free legal information and, for eligible people, advice and assistance. Their website has plain-English guides on powers of attorney and advance care planning. State Trustees Victoria (statetrustees.com.au) can prepare, execute, and store these documents; they also offer a service where they act as attorney if you have no suitable person to appoint — check their current fees and services directly on their website, as these can change.
The Office of the Public Advocate (publicadvocate.vic.gov.au) is the primary government resource in Victoria for all three documents. Their community education team runs information sessions, including in community languages, which can be particularly valuable for those from culturally and linguistically diverse backgrounds. Calling their information line before you start is a sensible first step; they can clarify which forms apply to your situation and what to expect from the process.
Key takeaways
- An Enduring Power of Attorney in Victoria covers financial and personal decisions, but does not automatically include medical treatment decisions — that requires a separate appointment.
- A Medical Treatment Decision Maker is appointed under different legislation from a Power of Attorney, and must make decisions based on your known wishes and values, not their own.
- An Advance Care Directive is legally binding in Victoria: health professionals must follow a valid instructional directive.
- All three documents must be completed while you have legal capacity — once capacity is lost, it is too late to sign them.
- Official forms for all three documents are available free from the Office of the Public Advocate at publicadvocate.vic.gov.au.
- Professional legal advice is strongly recommended for anyone with complex family, financial, or cultural circumstances.
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Frequently asked questions
How do I set up an Enduring Power of Attorney in Victoria?
Download the official Enduring Power of Attorney form free from the Office of the Public Advocate at publicadvocate.vic.gov.au. Complete the form with your details and those of your chosen attorney, including any conditions you wish to apply. The document must be signed in front of two witnesses, at least one of whom must be authorised to witness affidavits — such as a justice of the peace, solicitor, or medical practitioner. Your attorney and close relatives of either party cannot be witnesses. Once correctly signed and witnessed, the document is legally valid. For complex situations involving property, business interests, or blended families, a solicitor experienced in elder law can guide you through the process.
What is a Medical Treatment Decision Maker, and how is it different from a Power of Attorney?
A Medical Treatment Decision Maker (MTDM) is a person you formally appoint to consent to or refuse medical treatment on your behalf if you cannot make or communicate decisions yourself. It is created under the Medical Treatment Planning and Decisions Act 2016 and is entirely separate from an Enduring Power of Attorney, which is governed by the Powers of Attorney Act 2014. An attorney appointed for 'personal matters' under an EPOA does not automatically have authority over medical treatment — you need to make a specific MTDM appointment. The MTDM form is available free from the Office of the Public Advocate at publicadvocate.vic.gov.au.
How do I write an Advance Care Directive to state my future medical preferences?
Download the official Advance Care Directive form free from the Office of the Public Advocate at publicadvocate.vic.gov.au. The form allows you to record specific medical instructions — for example, views on resuscitation or life-sustaining treatment — and a values statement explaining what matters to you and what makes life meaningful. The document must be signed in the presence of a registered medical practitioner or an experienced registered nurse, who must certify that you appeared to have decision-making capacity at the time of signing. A valid instructional directive is legally binding on health professionals in Victoria. Give copies to your GP, your Medical Treatment Decision Maker, and any relevant specialists.
Do I need a lawyer to complete these documents in Victoria?
You do not legally need a lawyer to complete an Enduring Power of Attorney, Medical Treatment Decision Maker appointment, or Advance Care Directive in Victoria — the official forms from the Office of the Public Advocate are designed to be completed without legal assistance for straightforward situations. However, professional legal advice is strongly recommended if you have a complex family situation, significant assets, a business interest, property in multiple states or countries, or any circumstances where disputes are possible. Victoria Legal Aid (legalaid.vic.gov.au) and State Trustees Victoria (statetrustees.com.au) are also available to help.
What happens if I do not complete these documents and later lose capacity?
If you lose legal capacity without having completed an Enduring Power of Attorney or appointed a Medical Treatment Decision Maker, the people who wish to act on your behalf may need to apply to the Victorian Civil and Administrative Tribunal (VCAT) for a formal appointment as administrator (for financial matters) or guardian (for personal matters). This process can be stressful, time-consuming, and costly for your family. For medical decisions, the law will apply a default hierarchy of decision-makers, which may not reflect the person you would have chosen. Completing these documents in advance, while you have capacity, avoids this situation.
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- Office of the Public Advocate Victoria — Powers of Attorney and Advance Care Directives
- Victoria Legal Aid — Powers of Attorney
- Advance Care Planning Australia
- State Trustees Victoria — Document Preparation Services
- Victorian Legislation — Powers of Attorney Act 2014
- Victorian Legislation — Medical Treatment Planning and Decisions Act 2016
