Powers of Attorney

Loss of mental capacity is an issue that is becoming more and more prevalent given the aging population in Australia, and increases in life expectancy. However, mental capacity also can be lost through illness or accidents which can strike unexpectedly at any age. When this happens, it is important that you have appointed somebody you trust to make decisions on your behalf.

Aitken Partners can help you to appoint the right persons to make decisions on your behalf, whether they be:

1. Financial and personal decisions, by making an Enduring Power of Attorney; or
2. Medical decisions, by making an Appointment of Medical Treatment Decision Maker.

We can also advise on the making of Advance Care Directives, which have recently been introduced in Victoria to allow you to give binding instructions for your future care and treatment.

If you don’t have these documents in place, the Victorian Civil and Administrative Tribunal (VCAT) is empowered to appoint an administrator and guardian to manage your affairs when you lose capacity. VCAT also has the ability to remove an attorney or administrator who is breaching their duties, and can order them to pay compensation to your estate.

Aitken Partners are experienced in making applications to VCAT’s Guardianship List and resolving disputes for family members over the care of a loved one.

Ask us about:

• Making enduring powers of attorney, appointing a medical treatment decision maker, or making an Advance Care Directive;
• Assessing a person’s mental capacity;
• Your duties as an attorney;
• Making decisions for an incapacitated person, including obtaining approval from VCAT to sell property or assets;
• Having an attorney removed for misconduct;
• Having an administrator or guardian appointed by VCAT.

Our Estates Planning team is rated 2nd Tier by Doyles Guide.