Powers of Attorney simply explained

Powers of Attorney are legal documents where you give some or all of your legal decision making powers to someone else.

There are different types of powers of attorney:
  • A general non-enduring power of attorney – you may choose to make one of these if you are going to be unavailable for a period of time to deal with specific or all financial issues.
    • For example if you are selling your house but you are not going to be available to sign the contract if a purchaser is found. You can give your attorney the power to sign the contract on your behalf.
    • Another example is that you are going overseas and will not be able to pay bills that come in while you are away, you may give your attorney the power to withdraw funds from your bank account to pay specific bills.
  • An enduring power of attorney is made while you have the mental capacity to make decisions and generally does not come into effect until you lose that capacity. This document gives your attorney the legal power to make decisions on your behalf with respect to all your financial and/or personal matters.
    • An example of financial matters is where an attorney would manage your finances, sell your possessions, purchase gifts for your family on your behalf, pay bills, and use your funds for your health and accommodation needs.
    • An example of personal decisions includes finding suitable accommodation for you when you can no longer live on your own, find activities that you could participate in and find services to support your everyday needs.
  • An enduring medical power of attorney can be made while you have mental capacity and gives your attorney the power to make all medical decisions on your behalf when you no longer have the capacity to make your own decisions.

You can choose more than one attorney, and we strongly suggest that you do. The person or people you choose to act on your behalf should be capable of decision making, be honest and capable of managing your personal, financial and medical affairs.

Powers of attorney are only valid while you are alive, upon a person’s death their Will comes into action.

Why not take control of what you can today by calling us on 03 9741 1722 to find out more about these important powers of attorney.

We have offices in Melbourne and Werribee.

You may also read some additional information provided by the Law Institute of Victoria .

Our legal services

Our lawyers provide expert assistance and advice in the following areas:

Family Law

  • Parenting and Property Matters
  • De Facto Separation 
  • Divorce 
  • Binding Financial Agreements 

Wills & Powers of Attorney

  • Wills 
  • Enduring and Non-Enduring Power of Attorney
  • Medical Treatment Decision Maker 
  • Guardianship Applications at VCAT

Deceased Estates, Estate Planning and Probate

  • Grant of Probate
  • Letters of Administration 
  • Contesting Wills 
  • Calling in and Distributing Assets from deceased estates

Conveyancing

  • Purchase 
  • Sale 
  • Transfer of Titles 
  • Caveats 

Intervention Orders

  • Family Violence Intervention Orders
  • Personal Safety Intervention Orders 
  • Representation at Court
  • Advice and assistance contesting an Intervention Order

Commercial & Residential Leases

  • Drafting Leases 
  • Advice and Review of lease documents
  • Disputes as to rental relief
  • Representation at VCAT

Maltese Legal Matters

  • Drafting Powers of Attorney 
  • Advice regarding Maltese matters
  • Referrals to lawyers in Malta 
  • Notary Public 

Client testimonials

Hi. Thanks so much for all your hard work and efficiency. Please thank Marlene for me also for all her hard work and for a great outcome. Hope you both have a great Christmas and all the very best for 2018. Thanks and best wishes.

Brett
Megan, the work you’ve been doing for this family has helped change a systemic narrative that has not historically been kind to Sarah* and the children. I can’t thank you enough for everything you’ve done for them, and I sincerely hope you go home feeling so immensely proud of all your work and accomplishments.
(*Name has been changed)
Lori
I have sought legal advice from Ebejer & Associates for a number of family law and conveyancing matters over many years. Their exceptional service, delivered in “plain English” with an empathetic, reassuring approach is fantastic. I would highly recommend this firm and their wonderful staff.
Angela
Highly recommend – I have been receiving excellent service from the team at Ebejer & Associates. The legal advice and guidance provided has helped me navigate my role as an executor in a complex estate throughout the entire process. Really appreciate their always prompt responses and the high level of care they have demonstrated towards my case.
Adam

Accreditations & Memberships

Ebejer & Associates Lawyers are a proud supporter of Cancer Council Victoria’s Financial and Legal Support Program, providing legal support to vulnerable Victorians affected by cancer. If you, or someone you know, has cancer and needs support, learn about the services available at www.cancervic.org.au

Proudly Supporting Cancer Council Victoria

Ebejer & Associates Lawyers acknowledges the Traditional Owners of the regions we service, their diversity, histories and knowledge and their continuing connections to land, water and community. We pay our respects to all Aboriginal and Torres Strait Islander Peoples, their Elders past, present and emerging.

Ebejer & Associates Lawyers

6/19 Synnot Street, Werribee, 3030
Monday – Friday / 9am – 5pm

Suite 7.12, 365 Little Collins Street, Melbourne, 3000
By appointment only

Bellarine Peninsula
By appointment only

PO Box 171, Portarlington, VIC, 3223

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