Form · Elder Law & Powers of Attorney / Guardianship
Enduring power of attorney (Victoria, Powers of Attorney Act 2014): forms, witnessing and completion guide
Link to the Victorian fillable enduring power of attorney forms and the Office of the Public Advocate guide, with the rules on capacity, personal and financial matters, multiple attorneys, the two-witness requirement and who cannot witness.
- Kind
- Form. A form to complete, or a guide to completing an official one.
- Where it applies
- Victoria
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 18 October 2026
- Status
- Maintained. Checked on 18 October 2026 against the official form at justice.vic.gov.au and the 3 authorities it cites, for Victoria.
- Version
- 1
- Source
- Link to the official form. Licence: © State of Victoria. Link only: download the current form from the Department of Justice and Community Safety each time; do not copy or adapt it.
Where this comes from
The official form is published by justice.vic.gov.au; this page is a completion guide. Last checked on 2026-10-18.
When to use it
Use when a Victorian client aged 18 or over with decision-making capacity wants to appoint an attorney for personal matters, financial matters or both. Medical treatment decisions need a separate appointment of a medical treatment decision maker.
Used for these tasks
- Draft an enduring power of attorney (financial) from the instructions
- Draft an enduring personal/health decision-making appointment
- Build the execution and witnessing plan for an enduring instrument before signing
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
AI may help prepare the form from the client's confirmed instructions inside the firm's checked process and plan the signing and witnessing; the lawyer takes the instructions alone with the client, checks capacity and every entry in each instrument, and supervises execution.
AI may
- Transfer confirmed instructions (attorneys, how they act, when the power starts, limits) into a checking sheet for the lawyer
- Check the completed form against the instructions and list every difference
- Build the execution plan: who signs, which witnesses are eligible, and the order of signing and acceptance
- Draft a plain-language explanation of the signed instrument for the client, for the lawyer to check
AI must not
- Must not take instructions from anyone other than the person making the instrument
- Must not assess the person's capacity or whether they are acting freely
- Must not choose the attorneys, the way they act, or any limits or conditions
- Must not sign, witness or certify anything
The lawyer checks
- The client is 18 or over and has decision-making capacity for this instrument (understand, retain, use or weigh, and communicate)
- The client is making it for themselves, freely, and understands it
- Matters covered (personal, financial or both), when the power starts, and any limits match the instructions
- Multiple attorneys: jointly, jointly and severally, severally or by majority, and the arrangement is workable
- Two adult witnesses, one authorised to witness affidavits or a registered medical practitioner; no witness is a relative, an attorney or their relative, or a care worker or accommodation provider
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Official form
Open the official form. Always use the current version from the issuer. Licence: © State of Victoria. Link only: download the current form from the Department of Justice and Community Safety each time; do not copy or adapt it..
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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