Introduction into the role of an Attorney

Information for Attorneys under an Enduring Power of Attorney under the Power of Attorney Act 2014 (Vic)

A power of attorney is where an adult appoints another adult to make decisions on their behalf. The scope and conditions of the authority will depend on the type of power of attorney document.

An Enduring Power of Attorney (“EPA”) is a special class of power of attorney which continues to have force even if the person who appointed you becomes incapable by reason of a disability to make those decisions for themselves.

What decisions can I make and when can I make them?

You may be appointed to make decisions regarding a combination Financial Matters and Personal Matters. Medical Decisions are regulated under different legislation.

The types of decisions that you can make will depend on:

The form of EPA document used;
When you were appointed;
The relevant rules and law (including any court or tribunal Orders) which apply; and
Restrictions and conditions contained within the EPA document itself such as when you can act and whether you are appointed with another person/s.

Please note that EPAs have changed over time. This advice relates to powers of attorney under executed under the Power of Attorney Act 122014 (Vic).

In general, an existing EPA which was validly enacted under old law remains valid however your role and liabilities may have changed with recent legislative amendments.

Please speak with RNG Lawyers if you have any concerns regarding the validity of your appointment and for advice as to the scope of your duties, rights and responsibilities.

What are my duties?

The general duties of Attorneys are as follows:

	act honestly, diligently and in good faith
	exercise reasonable skill and care
x	not use the position for profit (except for remuneration as provided under the legislation)
x	not disclose confidential information gained in the role of Attorney unless authorised by the document or by Law
	keep accurate records and accounts

You may be required to produce the records and accounts of dealings for auditing if requested by the VCAT or the Supreme Court.

Financial Matters

If you are appointed under an EPA for Financial matters you may make decisions regarding the Principal’s financial or property affairs subject to the terms and conditions set out in the EPA document. This may include:

Managing their day to day finances

Arranging personal funds for them

Paying the Principal’s bills and debts

Paying their rent/mortgage fees

Withdrawing and depositing money

Receiving &recovering money for them

You cannot make gifts to yourself*

You cannot pay yourself remuneration*

Future planning and long term decisions

Managing their investments

Planning accommodation options

Arranging financial planning advice

Arranging taxation advice

Must be in their best interest

Dealing with their assets (including real estate)

Arranging payment of rates, outgoings, taxes and insurances

Arranging maintenance

Preserving and improving the assets

Buying and selling the assets

Discharging mortgages

Creating securities such as mortgages

You cannot gift an asset to yourself*

Handling their general affairs

Liaising with Centreline

Ensuring tax returns are completed

Document management

Carrying on their business or trade

Performing their con

Personal Matters (Previously known as "Guardianship")

If you are appointed under an Enduring Power for Attorney for Personal Matters (previously known as “Guardianship”) you have authority to make decisions the Principal’s personal or lifestyle affairs, including:

	Where they live and with whom they may live
	With whom they can associate
	Whether they work and if so the kind and place of work and employer
	Whether they undertake education or training
	Daily living issues, such as diet and dress
	Health care matters

For more information you can request an appointment with one of our Wills and Estate Law experts.