What is an enduring power of attorney?

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In Victoria, an enduring power of attorney is a legal document that allows you to appoint someone you trust to make decisions on your behalf, including financial, personal and medical decisions, in case you become incapacitated or unable to make decisions for yourself. 

The EPA will only take effect once you lose capacity, and it can be general or limited to specific areas. 

The people appointed as your attorneys under the EPA must act in your best interests, follow your wishes and instructions, and comply with their legal obligations. 

It is important to have an EPA in place to ensure that your affairs are managed by someone you trust if you become unable to do so yourself, and to avoid disputes or legal complications in the future. 

The process of creating an EPA involves obtaining legal advice, choosing the right person to act as your attorney, and completing the necessary legal documentation in accordance with the requirements of the Victorian law. Once the EPA is created, it can be revoked or updated at any time while you have capacity. 

Geelong Legal can provide expert advice on enduring powers of attorney, including how to appoint an attorney and the scope of their powers, as well as the legal responsibilities of the appointed attorney. 

Our Geelong wills and estate planning lawyers can also assist in drafting and reviewing EPA documents to ensure they accurately reflect your wishes and meet all legal requirements. 

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