Overview
The Powers of Attorney Regulations 2025 took effect in Victoria on 10 August 2025, introducing important updates to how Powers of Attorney are prepared witnessed, and revoked.
These reforms aim to make the process simpler, clearer, and more accessible for everyone.
The Key Changes
The new Regulations bring several updates, including:
- Updated prescribed forms – all forms have been revised so that they are
easier to understand. - Remote witnessing – some documents can now be signed and witnessed
over video link, provided all parties are in Victoria and the rules are followed.
For enduring powers of attorney, a special witness (lawyer, Justice of the
Peace, etc.) must be present when using remote witnessing. - Supportive attorneys – these people don’t make decisions for you; instead,
they help you make and communicate your own decisions. The new Regulations clarify their role and limits. - Revocation and resignation processes – the steps for revoking or resigning
from a power of attorney role are now more straightforward. - Recognition of older documents – any previously valid powers of attorney
remain legally effective. - Sunset date – these Regulations will remain in force until 2035.
Enduring Powers of Attorney (EPOA)
An Enduring Power of Attorney (EPOA) allows you to appoint someone you trust
to make decisions for you.
Key Points:
- What it covers – financial, personal, or both types of decisions, depending on your preferences.
- When it takes effect – either immediately (if you want help managing matters now) or only after you lose capacity.
- Enduring nature – it continues to operate even after you lose decision-making capacity.
- Supportive attorneys – these people don’t make decisions for you; instead, they help you make and communicate your own decisions.
- Revocation – you can revoke your EPOA at any time while you still have capacity. Attorneys can also resign using the new prescribed forms.
Medical Treatment Decision Makers
Medical treatment decisions are covered separately under the Medical Treatment
Planning and Decisions Act 2016.
Key Points:
- Appointment – you can appoint one or more people to be your Medical Treatment Decision Maker using the approved form.
- Role – they make medical and health care decisions on your behalf if you cannot make them yourself at the time.
- Advance Care Directives – you can set out your values, preferences, and instructions about future care.
- Duties – your appointed persons must act in good faith, reflect your known wishes and values, and promote your wellbeing.
What You Should Do Now
- Review your existing documents – if you already have an EPOA, make sure it still meets current requirements.
- Consider your appointments – think carefully about who you trust to act as your attorney or Medical Treatment Decision Maker.
- Plan ahead – consider preparing an Advance Care Directive to guide your loved ones and health professionals.
Need Help?
The team at Scott Legal can help you prepare, update, or review your Powers of
Attorney and Medical Treatment Decision Maker documents to ensure they comply
with the new laws.
Contact us to arrange an appointment or to discuss your options.