Powers of Attorney Lawyers Melbourne

A Power of Attorney lets you appoint someone you trust to make decisions on your behalf if you are unable to. We help you put the right arrangements in place - properly documented and legally sound.

Start your matter online

Enduring Power of Attorney

An Enduring Power of Attorney lets you appoint someone to make decisions about your financial matters (such as banking, property and superannuation) and personal matters (such as where you live). An 'enduring' power continues to operate even if you lose the capacity to make these decisions yourself. If you'd prefer the arrangement to end should you lose capacity, a general (non-enduring) Power of Attorney is also available.

Appointment of Medical Treatment Decision Maker

If you are unable to make decisions about your own medical care - temporarily or permanently - your appointed medical treatment decision maker can do so on your behalf. Your healthcare providers will turn to this person for consent when you cannot make those decisions yourself.

Advance Care Directive

An Advance Care Directive lets you set out specific instructions about the medical treatment you would or would not want, and record the values that should guide decisions made in your best interests if you lose capacity.

Memorandum of Directions

Also known as a 'Letter of Wishes', a Memorandum of Directions guides your executors on how you'd like your estate handled. It cannot change your Will, but it can record your wishes - including how particular assets should be treated and the reasons behind any exclusions.

Steps to Prepare Your Power of Attorney

1. Complete the instruction form in the Wills & Powers of Attorney Kit.

2. Email the completed form to info@spectrumlaw.net.au.

3. Spectrum Lawyers will prepare your draft and email it to you.

4. Once you're satisfied, we'll arrange a signing appointment.

If at any stage you have any questions, please contact us and we would be more than happy to answer them, and work through the Wills & Power of Attorney Kit form with you.

Pricing

Standard documents are $395.00 (including consultations and signing). An Advance Care Directive or Memorandum of Directions is $880.00. Discounted bundle packages are also available.

Our Services

Enduring Power of Attorney

General (non-enduring) Power of Attorney

Medical Treatment Decision Maker

Advance Care Directive

Memorandum of Directions

Frequently asked questions

What is an executor?

An executor is the person appointed in a Will to administer the deceased person's estate. Their role includes applying for probate (where required), collecting assets, paying debts, and distributing the estate to the beneficiaries in accordance with the Will.

In your Will, you can appoint any adult (18 years or older) who has legal capacity to act as your executor. Common choices include:

A spouse or partner
An adult child
A trusted family member or friend
More than one person jointly

It is important to choose someone who is trustworthy, organised, and willing to take on the responsibilities of administering your estate.

What is a beneficiary?

A beneficiary is a person or organisation entitled to receive a benefit or share of a deceased person's estate under a Will.

You can generally leave your estate to any person or organisation you choose, including:

Your spouse or partner
Children, grandchildren, or other relatives
Friends
Charities
Religious organisations
Other entities such as companies or trusts

You may also leave specific gifts (for example, money, jewellery, or property) or a share of your estate to one or more beneficiaries.

If there are multiple executors, who has to apply for Probate?

Generally, if there are joint executors, all of those named in the Will who are willing and able to act should apply for Probate together. However, an executor may choose not to act by renouncing their role, allowing the remaining executor(s) to apply.

Why do I need a Will?

A Will allows you to decide:

Who will receive your assets after your death
Who will act as your executor
Who will care for any minor children
How your estate will be administered

Without a valid Will, your estate will be distributed according to Victorian intestacy laws, which may not reflect your wishes.

What is the importance of Powers of Attorney (Enduring Powers of Attorney and Appointment of Medical Treatment Decision Maker)?

These documents allow you to appoint trusted people to make decisions on your behalf if you lose the capacity to make decisions yourself.

Enduring Power of Attorney: authorises someone to make financial and personal decisions for you.
Appointment of Medical Treatment Decision Maker: authorises someone to make medical treatment decisions for you.

These documents operate during your lifetime and cease upon your death.

When should I apply for Probate and how long does the process take?

An application for Probate is usually made after the death of the Will-maker when assets cannot be transferred or dealt with without a Grant of Probate. The timing depends on the nature and value of the estate’s assets. In Victoria, once all necessary information and documents have been gathered and the application is filed, Probate is commonly granted within approximately 4 to 8 weeks, although processing times can vary depending on the complexity of the estate and the workload of the Court.

Need help with Powers of Attorney?

Get in touch for a practical solution tailored to your needs.