What are the witness requirements for an enduring power of attorney in Victoria?

Under the Powers of Attorney Act 2014 (Vic), two adult witnesses are required. One witness must be either authorised to witness affidavits (such as an Australian legal practitioner, Justice of the Peace, or police officer of or above the rank of sergeant) or a registered medical practitioner. Neither witness may be a relative of the principal, the appointed attorney or their relative, or a care worker or accommodation provider for the principal.

Does an enduring power of attorney cover medical decisions in Victoria?

No. In Victoria, financial and personal decisions are covered by an enduring power of attorney under the Powers of Attorney Act 2014. Medical treatment decisions are handled separately by an appointed medical treatment decision maker under the Medical Treatment Planning and Decisions Act 2016. These are two distinct legal documents that must both be in place for comprehensive protection.

What happens to my SMSF if I lose mental capacity without an enduring power of attorney?

If an SMSF member loses mental capacity without an enduring power of attorney in place, their SMSF may become non-complying under the Superannuation Industry (Supervision) Act 1993. The law requires all fund members to also be trustees or directors of the corporate trustee. Without an attorney who can be formally appointed in their place, a family member would need to apply to VCAT for an administrator to be appointed — a costly and time-consuming process, with no guarantee of outcome. A non-complying fund risks taxation at up to 45% on the fund's income.

What are the most common errors that invalidate a Victorian enduring power of attorney?

The most common errors that invalidate a Victorian enduring power of attorney include: using an ineligible witness (such as a relative of the principal or the appointed attorney); using only one qualified witness instead of two; confusing persons authorised to witness statutory declarations (a different category) with persons authorised to witness affidavits; having the attorney witness their own appointment; the principal signing without current decision-making capacity; and using a general (non-enduring) power of attorney, which automatically ceases when capacity is lost.

What is a supportive attorney and how does it differ from an enduring attorney?

A supportive attorney assists a person who still has decision-making capacity to make and communicate their own decisions — for example, by gathering information or helping explain options. Unlike an enduring attorney, a supportive attorney cannot make decisions on the principal's behalf and their authority automatically ceases when the principal loses capacity. An enduring financial attorney, by contrast, continues (or in some cases begins) operating after the loss of capacity, making it the correct instrument for future planning.

Can an enduring power of attorney be used immediately or only when capacity is lost?

In Victoria, you can specify in the enduring power of attorney when the authority commences. It can be set to operate immediately upon execution, or only upon the occurrence of a specified event (such as loss of decision-making capacity as certified by a medical practitioner). For SMSF purposes, many clients choose an enduring power of attorney that takes effect immediately, giving their attorney the ability to assist with financial matters even before any question of capacity arises.

Do I need to register an enduring power of attorney in Victoria?

There is no mandatory registration requirement for an enduring power of attorney in Victoria. However, if the attorney will be dealing with real property on the principal's behalf, the power of attorney should be registered with Land Use Victoria before any property transaction is conducted. For SMSF and financial institution purposes, you should provide a certified copy to the relevant institution. Keeping the original in a secure, known location is essential — VCAT cannot operate on a document that cannot be located.

Enduring Powers of Attorney in Victoria: The Complete Guide

Estate Planning 11 March 2026 12 min read