Powers of Attorney A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation. 2014 (Vic)
The Powers of Attorney Act 2014 (Vic) (‘POA Act’) created a new Written authority given to a person to make decisions on behalf of another person. The authority remains valid even when that person is no longer mentally competent. The power can be restricted to personal or financial matters. See also power of attorney; supportive attorney.A formal, written legal document in which one person gives another person power to make decisions or take actions for them in certain situations. See also enduring power; supportive attorney. that replaced the financial enduring power of attorney (made under the Instruments Act 1958 (Vic)) and the enduring power of guardianship (made under the Guardianship and Administration Act 1986 (Vic)). Also, the general (non-enduring) power of attorney is no longer in the Instruments Act 1958 (Vic) but is now in the POA Act.
The POA Act ensures that enduring powers of attorney (financial) and enduring powers of guardianship made under previous laws remain Legally binding or effective.. The POA Act created a new, non-enduring power of attorney called a ‘supportive attorney’.
Medical Treatment Planning and Decisions Act 2016 (Vic)
The Medical Treatment Planning and Decisions Act 2016 (Vic) (‘MTPD Act’), which commenced on 12 March 2018, affects the powers of personal attorneys. To appoint a person to make decisions about medical treatment and medical research procedures when a person has lost their decision-making The ability to understand and be held responsible by the law for your actions. It also refers to a person’s ability to understand and agree to something, such as to undergo medical treatment. Full legal capacity is reached at 18 years of age, when a child becomes an adult., it is necessary to appoint a ‘medical treatment decision-maker’.
The MTPD Act allows the appointment of a support person (see ‘Support people’ in Chapter 8.7: Guardianship and medical treatment.