Power of Attorney for Ageing Parent in Victoria: A Practical Guide

The Window Closes Faster Than You Think

Setting up a power of attorney for an ageing parent in Victoria is one of those tasks that feels like it can wait — until it can't. Under the Powers of Attorney Act 2014 (Vic), your parent must have full decision-making capacity at the time they sign. Capacity means they understand what they're signing, what powers they're granting, and who they're granting them to.

A dementia diagnosis doesn't automatically disqualify someone — early-stage cognitive decline may still leave enough capacity to execute valid documents. But the window narrows. Once a parent can no longer understand the nature and effect of the appointment, no enduring power of attorney (EPA) can be created. The only alternative is a VCAT guardianship application, which takes three to six months, costs significantly more, and strips decision-making away from the family.

The practical trigger for most families is a specific event: a mild stroke, a fall requiring hospitalisation, a geriatrician recommending formal planning, or the first time a parent gets confused about their banking. When that event happens, it's time to act — not next month.

What Your Parent Needs to Sign

Victoria requires up to three separate documents to cover the full range of decision-making:

1. Enduring Power of Attorney (EPA) — financial matters (bank accounts, property, bills, tax) and personal matters (living arrangements, daily care, support services). Governed by the Powers of Attorney Act 2014.

2. Medical Treatment Decision Maker (MTDM) appointment — healthcare decisions, including consent to treatment, refusing treatment, and hospital admissions. Governed by the Medical Treatment Planning and Decisions Act 2016.

3. Advance Care Directive (ACD) — your parent's own wishes for healthcare, documented in advance. This can include binding instructional directives (specific consent or refusal of treatment) and values directives (general quality-of-life preferences).

Many families assume the EPA covers everything. It doesn't. Victoria keeps financial/personal authority strictly separate from medical authority. An EPA presented at a hospital won't authorise you to make treatment decisions — the hospital will follow its own statutory hierarchy, which may not align with what your parent wants.

Having the Conversation

The conversation about power of attorney with an ageing parent is often the hardest part of the process. Common points of resistance:

"I don't need that yet" — frame it as a practical step, not a sign of decline. Compare it to insurance: you set it up hoping you'll never need it, but you can't buy it after the event.

"I can still manage my own affairs" — that's the point. The EPA is created while they can manage, so it's ready if that changes. They're not handing over control today; they're naming a backup.

"I don't want anyone controlling my money" — explain the conditions and limitations available. Your parent can set the EPA to activate only upon incapacity ("springing"), restrict specific transactions, require consultation between multiple attorneys before major decisions, or limit the attorney's authority to specific accounts.

"I'll just have the bank sort it out" — banks can't. Without a valid EPA, a bank will freeze accounts when they learn the account holder has lost capacity. Your parent's spouse doesn't get automatic access, and neither do their children.

Approaching the conversation as "let's do this together" rather than "you need to do this" helps. If your parent has a trusted GP or solicitor, involving them can also ease the discussion — professional endorsement carries weight.

Choosing the Right Attorney

Your parent chooses their attorney — this isn't your decision, even if you're the one driving the process. The appointment must be voluntary and made with full understanding.

Practical considerations for attorney selection:

• Proximity: Can this person realistically attend bank appointments, visit aged care facilities, and manage day-to-day affairs? An adult child living in another state may struggle with the hands-on requirements.
• Financial competence: The attorney will be managing bank accounts, paying bills, possibly selling property. Basic financial literacy matters.
• Emotional stability: Caregiving is stressful. An attorney who's already overwhelmed or in conflict with other family members may struggle with the additional responsibility.
• Trust and alignment: The attorney should understand your parent's values, spending habits, and preferences — not impose their own.

Your parent should also name at least one alternative attorney in case the primary can't or won't act. Without an alternative, the EPA becomes inoperative if the primary attorney dies, loses their own capacity, or resigns, and the family is back to needing a VCAT application.

Getting It Done: The Practical Steps

Once your parent is ready to proceed:

1. Download the current forms from the Office of the Public Advocate (OPA) — the EPA Short Form (up to 2 attorneys) or Long Form (up to 4), plus the MTDM and ACD forms. Make sure you're using the versions updated under the Powers of Attorney Regulations 2025.

2. Fill out the forms together — help your parent complete the fields, but make sure the decisions (who to appoint, what powers to grant, any conditions) are theirs.

3. Arrange witnessing — the EPA requires two adult witnesses, one authorised to witness affidavits (solicitor, JP) or a registered medical practitioner. The MTDM and ACD each require one witness to be a registered medical practitioner. Plan the witnessing appointments in advance.

4. If capacity is borderline, arrange a formal capacity assessment first — a letter from a GP or geriatrician confirming capacity at the time of signing protects against future challenges.

5. Get the Statement of Acceptance signed — each attorney must sign this for the EPA to become operative.

6. Distribute certified copies to banks, super funds, the GP, any aged care facility, and keep the original in a secure location your parent's attorney can access.

If Capacity Has Already Been Lost

If your parent has already lost decision-making capacity, an EPA cannot be created. The only path is to apply to VCAT for:

• A guardianship order (personal and lifestyle decisions)
• An administration order (financial decisions)

This requires a recent medical report (within the last three months), a formal application to the VCAT Human Rights Division, and a hearing. The process typically takes three to six months, and VCAT may appoint State Trustees rather than a family member — particularly if there's family conflict or complexity.

State Trustees charge commission rates of up to 5.5% on property and assets, plus hourly rates between $216 and $363. Getting the EPA done while capacity remains saves the family from this entire process.

The Victoria Power of Attorney Kit includes a complete checklist for the parent-child planning process, from the initial conversation through to bank registration, with separate witnessing protocols for each document type.

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