Power of Attorney – Now Available from Home!

Enduring Powers of Attorney and Medical Treatment Decision Makers are key documents that every adult in Australia should have. Without them, your family and loved ones may face difficult and time-sensitive health, personal, and financial decisions about you - but without your input.

As the world returns to some form of normality, a variety of beneficial practices adopted throughout the last few years remain. One such practice is the ability to obtain a Power of Attorney remotely, through various Audio-Visual platforms such as Microsoft Teams, Zoom and Skype.

Initially available as an option under temporary legislation due to the COVID-19 lockdowns, the Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021 (Vic) added 4 sections into the Power of Attorney Act 2014 (Vic) which allowed these remote procedures to continue.

In particular, Section 5A of the Power of Attorney Act 2014 (Vic) allows for a remote witnessing procedure, with certain requirements such as the witnessing occurring in the same day, and from within Victoria.

This process allows for increased convenience and efficiency, and the additional comfort in knowing that any further COVID-19 complications will not impact your ability to obtain a Power of Attorney. Whilst this is the case, it still remains important that a Power of Attorney is appropriately drafted and witnessed.

If you require a Power of Attorney, Forty Four Degrees is here to help, either in a remote or in-person manner. Please feel free to contact Nicola Drakeford, Partner, on 1300 892 237