Power of Attorney Lawyers Melbourne
Power of Attorney Lawyers in Melbourne: Plan with clarity. Appoint with confidence.
At Tony Kelly Lawyer and Estate Planners, we help you protect your future by preparing Powers of Attorney tailored to your unique circumstances. As experienced power of attorney lawyers and Will and estate lawyers we guide individuals, families, and business owners [we also provide advice to clients interstate] through the legal steps needed to ensure trusted people can make important decisions on your behalf—when you need them most.
Why Appoint a Power of Attorney?
Powers of Attorney are essential tools in your succession [they cease to operate on death] strategy. They allow you to legally authorise people you trust to act on your behalf in the event that you’re unavailable or unable to make decisions. This can apply to personal matters, financial management, healthcare decisions, and even corporate responsibilities.
Without a valid Power of Attorney, your family or business partners may be forced to seek orders through VCAT, which can be time-consuming, expensive, and emotionally difficult. Appointing your attorney(s) in advance keeps you in control and reduces future uncertainty for those around you.
Enduring Power of Attorney: Ongoing Authority When Capacity Is Lost
An Enduring Power of Attorney (EPOA) remains valid even if you lose the ability to make decisions yourself. It’s essential for planning how your finances and personal affairs will be managed in the long term if you are unable to do so.
Your attorney can:
- Pay bills or manage your banking
- Buy or sell property
- Make personal decisions such as where you live or how you’re cared for
You can appoint more than one attorney and specify how they make decisions—together or independently. They can be drafted to only operate if you are certified medically to have lost capacity to handle your affairs and you can also set limits on your attorney’s powers or include instructions aligned with your values.
For clients with Self-Managed Superannuation Funds (SMSFs), an EPOA is often necessary to ensure compliance. If you lose capacity and haven’t appointed an attorney, your SMSF may be at risk of breaching legal requirements. We advise on EPOAs that cover trustee or director roles within SMSFs to safeguard your retirement savings.
Advance Care Directives and Appointments of Medical Treatment Decision Maker: Your Health, Your Voice
While financial matters are covered by a Power of Attorney, healthcare decisions require different legal tools: the Appointment of Medical Treatment Decision Maker and the Advance Care Directive.
Your Medical Treatment Decision Maker can consent to or refuse treatments on your behalf if you’re unable to do so.
In an Advance Care Directive, you can:
- Specify your values and treatment preferences
- Address scenarios such as surgery, life support, palliative care or aged care options
Having these documents in place ensures your healthcare choices are respected, especially in unexpected circumstances.
Corporate Powers of Attorney for Business Owners
For company directors or sole traders, a Corporate Power of Attorney ensures business continuity. It allows your company—not you personally—to appoint an attorney to carry out specific business or legal functions on its behalf. This is particularly important if:
- You’re travelling or uncontactable for a period
- You experience incapacity and can no longer act as director
- There’s a need for sign-off or authorisation in your absence
As experienced power of attorney lawyers we assist business clients in drafting corporate authorities that align with the company’s constitution and ASIC requirements, ensuring minimal disruption to operations.
Our Services as experienced Power of Attorney and Will and Estate Lawyers
We help you understand and implement the full suite of tools available:
- Tailored advice based on your personal, financial, or business needs
- Drafting and execution of valid legal documents that comply with Victorian legislation
- Guidance on choosing the right attorney for your situation
- Advice on SMSFs, corporate structures, and multi-attorney appointments
- Ongoing support to review or update documents as circumstances change
Your Next Step Starts with a Conversation
Whether you’re planning for the future, managing a business, or helping an ageing parent, Tony Kelly Lawyer provides clear, compassionate guidance every step of the way. As estate lawyers experienced in the various types of powers of attorney which are appropriate for your needs we ensure your intentions are respected and legally protected during your lifetime as well as in accordance with your Will.
Contact us today to speak with Tony or Claire. We are here to help you take control of your future—on your terms.
