How to Make an Enduring Power of Attorney in Victoria

Before You Start: Capacity and Timing

You must have full decision-making capacity to create an enduring power of attorney (EPA) in Victoria. Under the Powers of Attorney Act 2014 (Vic), that means you're over 18 and can understand what you're signing, the powers you're giving, and when those powers will activate.

Capacity is legally presumed unless evidence suggests otherwise. But if there's any chance it might be contested later — perhaps a sibling suspects a parent is already declining — arrange a formal capacity assessment from a registered medical practitioner before signing. That assessment becomes your evidence that the document was executed while you had full legal capacity.

The critical point: once capacity is lost, it's too late. You cannot create an EPA for someone who can no longer understand and agree to the appointment. The only option at that point is a VCAT guardianship application, which costs significantly more in money, time, and family stress.

Step 1: Choose Your Attorneys

Decide who you want managing your financial and personal affairs if you lose capacity. Consider:

• Trustworthiness and financial responsibility — this person will control your bank accounts, pay your bills, and potentially sell your property
• Availability — can they realistically manage your affairs, attend bank appointments, and respond to institutional requests?
• Relationship stability — will this person still be in your life in five or ten years?

You can appoint one to four attorneys depending on which form you use (Short Form for up to two, Long Form for up to four). You should also name at least one alternative attorney who can step in if your primary attorney becomes unable or unwilling to act.

Decide how multiple attorneys will work together: jointly (both must agree on everything), severally (either can act alone), jointly and severally (flexible), or by majority (Long Form only, with three or more attorneys).

Step 2: Get the Right Form

Download the current forms from the Office of the Public Advocate (OPA) Victoria website. The forms were updated under the Powers of Attorney Regulations 2025 (Vic), commencing 10 August 2025. Make sure you're using the current versions — older forms use outdated terminology and may not include the required fields.

You'll need:

• EPA form — Short Form (up to 2 attorneys) or Long Form (up to 4)
• MTDM form — Appointment of Medical Treatment Decision Maker (separate from the EPA, governed by the Medical Treatment Planning and Decisions Act 2016)
• ACD form (optional but recommended) — Advance Care Directive for healthcare preferences

The EPA covers financial and personal decisions. It does not cover medical decisions — that's what the MTDM and ACD are for. Victoria keeps these strictly separate.

Step 3: Fill Out the Form

Complete every required section. Key decisions you'll make during this step:

• Scope of powers — financial only, personal only, or both
• When financial powers start — immediately upon signing, or only when you lose capacity ("springing")
• Conditions or limitations — you can restrict what your attorney can and can't do (e.g., prohibit certain gift-giving, cap transaction values, require consultation with a specific family member before selling property)
• Attorney arrangement — jointly, severally, or jointly and severally

Personal powers always activate only upon loss of capacity — you can't grant someone personal decision-making authority while you still have capacity.

Step 4: Arrange Witnessing

This is the step where most DIY EPAs fail. Victoria's witnessing requirements under the 2014 Act are specific:

• Two adult witnesses must be present when you sign
• At least one must be a person authorised to witness affidavits in Victoria (lawyer, Justice of the Peace, or certain other professionals) or a registered medical practitioner
• Neither witness can be an appointed attorney or alternative attorney
• Neither witness can be a relative of you or of any appointed attorney
• Neither witness can be your care worker, health provider, or accommodation provider

Both witnesses must see you sign and must sign the document themselves in the presence of you and each other.

Remote witnessing via AVL is permitted for EPAs under permanent Victorian legislation. All parties must be in Victoria, the process must be completed on the same calendar day, and at least one witness must be a "special witness" (Australian legal practitioner or Victorian JP). Remote witnessing is not available for MTDM or ACD forms — those require physical, in-person witnessing.

Step 5: Statement of Acceptance

After you've signed and the witnessing is complete, each appointed attorney (and each alternative attorney) must sign a Statement of Acceptance in the presence of an adult witness. The EPA does not become legally active for that attorney until they've completed this step.

This is a separate signing event — it doesn't need to happen at the same time as the main document, and the witness for the acceptance doesn't need to be the same person who witnessed the EPA signing. But it must happen, and it must be documented. Many DIY preparers skip this step, which means the EPA is technically not yet operative for the named attorney.

Step 6: Store and Distribute

Victoria has no central registry for EPAs. You're responsible for storing the original safely and distributing certified copies to everyone who might need to see it:

• Each appointed attorney and alternative attorney
• Your bank (or banks)
• Your superannuation fund
• Your financial adviser
• Your GP and any specialist treating you
• Any aged care facility (if applicable)
• Your solicitor (if you have one)

Keep the original in a secure but accessible location — a bank safe, with your solicitor, or with State Trustees for safekeeping. Don't put it somewhere that only you can access, because the whole point of an EPA is that it's needed when you can't act for yourself.

Each institution will want to verify the document before they'll accept it. Getting a bank to activate attorney access involves presenting the certified EPA, evidence of your incapacity (if the EPA is "springing"), and completing the bank's own internal verification process. This step can take days or weeks, so distribute copies proactively rather than waiting for a crisis.

The Victoria Power of Attorney Kit walks through every step in detail, including witnessing checklists, bank acceptance protocols, and a distribution tracker for managing who has received certified copies.

See more Victoria guides →