Powers of Attorney Act 2014 Victoria: What the Law Actually Requires

The Two Statutes You Need to Know

Victoria doesn't run on a single power of attorney law. It runs on two separate statutes that divide decision-making authority along a clear boundary:

Powers of Attorney Act 2014 (Vic) — governs financial matters (banking, property, tax, investments) and personal/lifestyle matters (living arrangements, daily routine, access to services). This is where enduring powers of attorney (EPAs), general powers of attorney, and supportive attorney appointments live.

Medical Treatment Planning and Decisions Act 2016 (Vic) — governs healthcare decisions exclusively. This statute creates the Medical Treatment Decision Maker (MTDM) appointment and gives legal force to Advance Care Directives (ACDs). It commenced on 12 March 2018, replacing the old system of medical powers of attorney.

This separation is the defining feature of Victoria's approach. An EPA — no matter how broadly drafted — does not give your attorney authority to consent to or refuse medical treatment. A MTDM appointment doesn't let your decision maker access your bank accounts. Two different statutes, two different documents, two different sets of rules.

Most other Australian states allow some overlap or consolidation. Victoria doesn't.

What the 2014 Act Creates

The Powers of Attorney Act 2014 establishes three types of appointment:

General power of attorney — covers financial and legal matters only. Activates immediately upon signing but terminates automatically if you lose decision-making capacity. Useful for temporary arrangements like overseas travel, not for long-term planning.

Enduring power of attorney (EPA) — the core planning instrument. Covers financial matters, personal matters, or both. The word "enduring" means it survives your loss of capacity, which is when it matters most. Financial powers can start immediately or be set to activate only upon incapacity. Personal powers always activate upon incapacity only.

You choose who to appoint, how many attorneys (Short Form for up to two, Long Form for up to four), whether they act jointly, severally, or by majority, and whether to impose specific conditions or limitations on their authority.

Supportive attorney — a newer instrument designed for people who still have capacity but need practical help. A supportive attorney can collect information, communicate your decisions, and take administrative steps on your behalf. They cannot make decisions for you, handle transactions over $10,000, execute real estate transactions, or make medical decisions.

The 2025 Regulations Update

The Powers of Attorney Regulations 2025 (Vic), commencing 10 August 2025, updated all seven prescribed forms used under the 2014 Act. If you're using forms downloaded before that date, they're superseded.

The most significant change is the formalisation of remote witnessing via audio-visual link (AVL) for EPAs. Remote witnessing was originally introduced as a temporary COVID-era measure and is now a permanent feature of Victorian law. The rules are strict:

• All parties — principal, Witness 1, and Witness 2 — must be physically located in Victoria during the AVL session
• The entire signing process must be completed on the same calendar day
• At least one witness must be a "special witness": an Australian legal practitioner or a Victorian Justice of the Peace
• The special witness signs last and certifies compliance with the remote execution procedure
• The document must be transmitted electronically between parties for signing

Remote witnessing is available only for EPAs. Advance Care Directives and MTDM appointments under the 2016 Act must still be witnessed in person — this is a common point of confusion that trips up families in regional Victoria who assume the AVL option applies to all planning documents.

Witnessing Requirements Under the 2014 Act

The witnessing rules for an EPA are among the strictest in Australia. Two adult witnesses must be present (physically or via AVL for EPAs only). At least one must be:

• A person authorised to witness affidavits in Victoria (such as a solicitor, barrister, or Justice of the Peace), or
• A registered medical practitioner

Neither witness can be:

• An appointed attorney or alternative attorney under the document
• A relative of the principal or of an appointed attorney
• A care worker, health provider, or accommodation provider for the principal

After the principal signs, each appointed attorney must sign a Statement of Acceptance in the presence of an adult witness. The EPA doesn't become legally active for that attorney until this acceptance is completed — a step that many DIY preparers overlook entirely.

The Medical Treatment Planning and Decisions Act 2016

The 2016 Act is the other half of Victoria's decision-making framework. It created two instruments:

Medical Treatment Decision Maker (MTDM) — a person you appoint to make healthcare decisions on your behalf if you lose decision-making capacity. The MTDM is bound to act on what they believe you would have decided, based on your values and preferences.

Advance Care Directive (ACD) — a document that records your own healthcare preferences directly. It can include:

• A values directive — general statements about your quality-of-life preferences (persuasive but not legally binding on practitioners)
• An instructional directive — specific consent or refusal for particular treatments (legally binding on health practitioners, overriding even the MTDM's views)

The instructional directive is the most powerful patient-autonomy mechanism in Australia. If you've stated in an ACD that you refuse a specific treatment, a health practitioner must follow that direction — even if your family disagrees.

Witnessing for both the MTDM and ACD requires two adults, one of whom must be a registered medical practitioner. Remote witnessing is prohibited for these documents.

Why the Separation Matters Practically

The dual-statute structure creates a gap that catches families by surprise. A common scenario: an adult child sets up an EPA for an ageing parent, assuming it covers "everything." The parent has a stroke, loses capacity, and the child presents the EPA at the hospital — only to be told it doesn't authorise medical decisions. Without a MTDM appointment, the hospital follows its own statutory hierarchy of decision-makers, which may or may not align with the family's wishes.

The practical response is to prepare three documents together: an EPA (financial and personal), a MTDM appointment, and ideally an ACD. The Victoria Power of Attorney Kit guides you through all three, with separate witnessing checklists for each document type and practical instructions for getting banks and hospitals to accept the finished documents.

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